The pandemic has had a multi dimensional impact on the society and nations. Besides adversely impacting the industry, the business, the economy, causing loss of earnings, loss of employment , it has also adversely impacted the Indian justice system, which was already under great stress and was barely able to maintain some sort of law and order in the society.
The conviction rate in India was already abysmally low, serious criminal cases continued to drag for years, property disputes got resolved when the affected parties were long gone. The pendency of cases was so huge that it ran in millions and now this pandemic has forced the courts to shut their business of dispensing justice.
Covid-19 has affected the Indian Legal System like never before. It has casted a harsh light on the outdated way justice is dispensed, law is taught, and legal services are delivered, says one legal expert – Varij Sharma.
“ Coronavirus has harnessed the potential of under-utilized tools and alternative work models long resisted by the Indian legal industry . During these quarantined times and keeping in mind the public health concerns, the Indian Courts are now hearing only extremely urgent matters filed in the year 2021 only at all levels. The cases which do not fall under the aforesaid categories have been adjourned "en bloc".”
Although SC and most of the HCs have started the practice of virtual courts but the real problem lies at the lower courts where neither the Judges nor the lawyers are accustomed to harness the potential of Information technology nor are they willing to gear themselves up to face this challenge.
As a result the number of pending cases is just piling up. If any of the lawyers project their inability to attend to on line proceedings the hearings are postponed. With the courts of India already overburdened with staggering backlogs, the virus may just be adding to the same. However, the postponement of hearings is not the only difficulty that the legal system is facing, says a legal expert - Jyotika Thakur in an article. The movement constraints throughout the country is also making the practice of gathering evidence and examining witnesses more challenging.
Undoubtedly, as the pandemic is going to have a long-lasting effect.
The Covid has created a crisis , there are cases related to insurance disputes, related to death certificates, an alarming rise in domestic violence, labour disputes, social security benefits and insolvency, among others and they all are heard at the lower courts. Emergency measures taken in response to the pandemic are also creating new problems, as they impact on the rights and liberties, including the right to a fair trial.
The courts need to find a solution as to ; What happens to those arrested if courts are closed? Where do we get justice if legal aid is suspended? How and where do we reach out for help in case of domestic violence while in lockdown? How and where do we go when Insurance companies turn down the insurance claims on flimsy excuses?
The pandemic has created many justice challenges still to be addressed. Lack of legal aid hampers access to justice for those who need it the most and leaves vulnerable and marginalized groups without a solution.
Yes, more hearings will be conducted virtually, but are the various components of the legal system geared up for this, are they skilled to use the technology. This change in the justice delivery system may either prove to be the turning point of the Indian legal system or else if various components of this system do not update themselves and get accustomed to the new challenges they will only add to the misery of the common man.
And surprisingly, under these circumstances the courts are still enjoying their usual quota of Holidays.