Lockdown exposes digital divide in legal profession

Satya Prakash

The Covid-19 lockdown has exposed the digital divide in legal profession in India. Major Bar bodies have demanded resumption of physical court hearings, saying 95 per cent of lawyers are not comfortable with the virtual court system activated to prevent the spread of the pandemic.

The Bar Council of India, which regulates the legal profession in the country, alleged that legal profession was gradually being attempted to be hijacked by a few lawyers and selected law firms having high-level connections and if virtual court system was allowed to continue, more than 95 per cent of advocates will become brief less. The Supreme Court Advocates on Record Association too said most the lawyers were unable to present their cases effectively in the virtual medium.

The situation is a telling comment on the Indian judicial system, which has been a slow learner so far as use of information technology is concerned. Under its ambitious e-courts project, the Supreme Court introduced e-filing of petitions in October 2006. However, almost 14 years on, most of the petitions continue to be filed through physical mode.

It’s an irony that at a time when technology should have been appreciated as a solution to the problem created by Covid-19, it is being seen as a part of the problem by those expected to adopt it willingly.

Most of the two million lawyers in India practice in subordinate courts and don’t have electronic gadgets and Internet connection needed to use virtual court system. The BCI created such a system for such lawyers in Delhi. But what about lawyers in tier two and tier three cities?

In May 2017, the then CJI, JS Khehar, said the SC would start functioning as a digital court in two months. In September 2018, the SC allowed a PIL seeking live streaming of the court’s proceedings in important constitutional matters. Even though the system is yet to be put in place, judges have started adapting to the change. Earlier this month, a Bench led by Justice DY Chandrachud functioned as a paperless virtual court.

There is a need to create a level playing field for lawyers coming from disadvantaged socio-economic background to bridge the digital divide in the legal profession. Else, use of IT will face resistance from a majority of lawyers making the change a painful process.