Rapid development has resulted in increased complexity in the legal and regulatory landscape, says CJI Ramana

09 April 2022 14:57 STI

Narmada (Gujarat) [India]Apr 09 (ANI): India’s Chief Justice NV Ramana said on Saturday that the rapid development of technology has led to increased complexity even in the country’s legal and regulatory landscape.
“The rapid development of technology has led to increased complexity even in the legal and regulatory landscape of the country. For example, technological developments such as cryptocurrency, data protection, encryption and artificial intelligence have brought courts and law enforcement to engage with new Over time, there is a possibility of increased litigation over these issues,” CJI Ramana said at a conference on “mediation and technologies information” in Ekta Nagar, Narmada, Gujarat.
CJI Ramana said that everyone engaged in the mechanism of dispensing justice: judges, lawyers, law enforcement and others, must now have a thorough understanding of new technologies.
Online mediation has the potential to revolutionize the justice delivery system by promising easy and affordable justice for all, CJI Ramana said, noting that the adoption of technology and the shift to online dispute resolution has resulted in popularization of online mediation.
Describing that technology can be used beneficially by the justice system, CJI Ramana said the profession is on the verge of a technological revolution.
He also highlighted how the pandemic has helped accelerate this process.
He also said: “We see every day that tons of paper are filed in court, especially in a big corporate dispute. They follow the old adage, ‘if you can’t convince the judge, confuse it. “Technology has the potential to simplify this process.”
CJI also pointed out that Indian courts have started using the technology. “The e-Commissions have taken various initiatives such as the development of e-filing, computer-assisted transcription, document display system and integration of the courts into a single IT infrastructure. Harnessing modern technology, the Supreme Court has recently launched the “FASTER”, a digital platform for the fast and secure delivery of urgent court orders in encrypted electronic format, to stakeholders.”

“This would ensure that court orders are implemented effectively, without any delay. Various High Courts have taken transparency to a new level by live streaming the proceedings using cost-effective technology. I’m sure many others would like to emulate this model,” he said.
He also pointed to traders in Gujarat, who better understand that time wasted is money wasted and it is this realization that has encouraged traders in Gujarat to be innovative in their dispute resolution process.
“In our country, due to hurdles in formal disputes, people are hesitant to go to judicial forums. The concept of ADR, through Lok Adalats, Gram Nyayalayas, Mediation and Arbitration Centers, has the potential to transform India’s legal landscape by providing millions of people with a platform to settle their grievances.Incorporating effective ADR mechanisms into the court process can reduce length, save court resources and time, and allow litigants some control over the dispute resolution process and its outcome,” CJI said.
It is appropriate to reiterate the words of Mahatma Gandhi who once said: “the true function of a lawyer is to unite the parties”. Developing expertise in negotiation and mediation is essential for next-generation lawyers and law students, said CJI Ramana.
While addressing the aspect of information technology and its usefulness in law, he said, “I remember a quote from an English drama written by James Graham: ‘money is good – but data is power”.
He also talked about the mythological story of the mediation undertaken by Lord Krishna, to prevent the Kurukshetra war. “We all know the consequences of this failed mediation. Imagine how much destruction could have been avoided, how lives could have been saved and how kingdoms would have flourished had Krishna succeeded,” CJI said.
CJI said conflict is an inevitable part of our lives, and misunderstandings, ego issues, lack of trust, and greed can lead to conflict.
Emphasizing that even great conflicts can be resolved through understanding, he said, “Conflicts have a human face.
“It takes the foresight to look beyond the conflict. A dispute shouldn’t ruin your relationship. Protracted litigation can not only drain your resources, but also cause animosity,” CJI said. (ANI)

Sharon D. Cole