For those who have no access to technology, courts simply don’t exist during COVID-19: CJI SA Bobde

The shutdown of physical functioning of courts caused by the COVID-19 pandemic has spurred a different breed of inequality, wherein people without access to technology effectively lost access to justice, Chief Justice of India SA Bobde said on Thursday..In various districts in India, courts practically don't exist for a large section of litigants and lawyers who do not have access to technology, he added..Speaking at the Constitution Day celebrations organised by the Supreme Court Bar Association (SCBA) through Zoom, CJI Bobde said,.“The virus spurred an inequality. It made access to justice dependent on access to technology. Those who did not have access to technology did not have access to justice. It was very unfortunate to have visited districts in India to be told that for a large section which do not have access to technology, courts simply don't exist.”.To bridge such inequality, the Supreme Court identified places in districts and set up kiosks and mobile vans carrying WiFi for lawyers and litigants who did not have video conference facilities, CJI Bobde said, adding that a lot remains to be done..Those who did not have access to technology did not have access to justice. It was very unfortunate.Chief Justice of India SA Bobde.The event was also attended by Union Law Minister Ravi Shankar Prasad, Attorney General KK Venugopal and SCBA President Dushyant Dave, as well as Supreme Court and High Court judges..CJI Bobde, who was the Chief Guest for the function, also acknowledged that many lawyers, particularly junior lawyers, were hit hard by the pandemic as it led to loss of income.."For many members of the Bar, especially seniors, they can set up multiple computers and appear before different forums. But there are also those who have suffered due to lack of access to such facilities.”.Many junior lawyers who otherwise used to survive on cases during normal functioning of courts were left with no briefs and had to resort to odd jobs like selling vegetables to earn their livelihood, he added..Attorney General KK Venugopal in his speech called for a concerted effort from Bar, Bench and government to tackle pendency, saying that it affected millions of poor and middle class people in India..Huge pendency will arise after Covid; Pre-litigation mediation probably only way to contain pendency.CJI SA Bobde.CJI Bobde, however, alluded to the fruitless initiatives taken in the past to address these issues.“The best minds at Bar and Bench and at the Law Commission have dealt with the problem, but have not been able to really contain it”, he said..The solution, he said, could be pre-litigation mediation..“I think it is high time we resort to pre-litigation mediation which has the force of decree. It is something which I believe will work and is probably the only way in which we can contain pendency, especially the huge pendency which will arise post-COVID.".Union Law Minister Ravi Shankar Prasad, who was the Guest of Honour, commended the judiciary for holding out during the pandemic..“I have to commend the judiciary during these times. The Supreme Court has heard and disposed of or is in the process of hearing close to 30,000 cases digitally. High Courts have heard 13.76 lakh cases digitally. Districts courts have heard 35.93 lakh cases digitally”, Prasad said..He also highlighted the role played by the judiciary in resolving disputes and finding constructive solutions when it came to caste, religious or language-based challenges faced by the country. He said,.“There were people who thought India should be a theocracy like Pakistan but our founding fathers said, ‘No India will be country where State will have no religion & people of all faiths will have freedom to practice their religion freely’. There were many challenges from caste, religion and language and then judiciary came up with judgments which the entire country accepted and a constructive way out was found.”.That is why the Supreme Court is important, he said. It is not just a beacon of liberty but also an institution which the people of India trust, he added..CJI Bobde commended the executive for the support it has offered to the judiciary.“I acknowledge the cooperation of Union IT Ministry headed by for the help rendered to court [during Covid]. The executive has admirably responded to the plight of judges. The pay scale has drastically improved and district judges have now laptops and cars and security (if necessary),” he said..SCBA President Dushyant Dave highlighted the importance of holding the Constitution in reverence.“November 26,1949 is one of the historic days in the life of our nation and will continue so in the centuries to come. Constitution as a document has helped (the nation) surmount challenges. What we need today is a paramount reverence for the Constitution”, Dave said..The function drew to a close with CJI Bobde reminding those in attendance that the framers of the Constitution have struck a resilient balance between liberty and the conditions based on which the State can deny it..“The freedom of speech and restrictions on it are in the interest of reputation of individuals and institutions. Nothing is conferred by the Constitution in absolute, untrammelled terms. Constitution is not merely a document on paper, but a synthesis of the ancient and modern wisdom of our country. It is the embodiment of hopes and aspirations of our people, the benefactor to those in need and protector of our liberties”, he concluded.