“JUSTICE QUARANTINED: A PANDEMIC PURVIEW OF RIGHT TO ACCESS TO JUSTICE IN INDIA”
The COVID2 waves had disturbed Indian Justice Delivery System on many fronts. The danger is still flying over the head. Many judges and judicial officers had been infected that led to hospitalization, critical illness and death row. Advocates, litigants, supporting staff of the court, accused persons and police personnel had been facing even worse situation. Access to justice is a recognized fundamental right in the Constitution. The Supreme Court declared that only “extremely urgent” cases could be E-filed and heard online after the declaration of lockdown from 24th March, 2020. The Supreme Court has already in a judgment stressed on of uploading FIRs on police or State Government websites. Which if followed might be made the online court hearing far more convenient during the crises of that pandemic. The scope is still awaited. It was like staying at the base camp for winning the hill top. We never know what kind of similar situation may happen in near future. Another view is virtual hearing cannot be a substitute for open court hearing is also waiving in the sky of justice. Hon’ble Chief Justice D.Y. Chandrachud opined that open court is the spine of Indian Legal System. The Supreme Court and High Courts certainly are enjoying infrastructural advancement and techno savvy staff. But there are six hundred and seventy two district level courts in entire country. Some of these courts are struggling for smooth internet connectivity. Infrastructure and equipped staff are some common problems at district level. Advocates are often seen struggling with the technical glitches and losing of connection in between the argument before the court. Another aspect of concern is privacy of confidential documents by the third party. So COVID 19 ponders several questions to right to access to justice. The research paper would deal the questions arising out of it and would suggest some suggestions in this regard.
Indian Legal System, COVID -19, E-filing, Online Hearing, People Centric Judicial System.