Justice Surya Kant warns that court digitisation hasn’t helped the poor due to digital exclusion. Says justice must stay human-centric and accessible to all.
Faridabad: Supreme Court Judge Justice Surya Kant recently gave an important message about how India’s digital transformation in courts has not fully helped poor and marginalised communities. He said that while courtrooms and records have gone online, many people still cannot access justice because of a lack of technology and awareness.
He was speaking during the Justice RC Lahoti Memorial Lecture held at Manav Rachna University.
Justice Kant expressed concern that the use of technology in the legal system has created a new kind of inequality.
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He said,
“Courts are online, legal records are digitised. But digital divide has become the new face of inequality and quality legal aid has not trickled down to the marginalised. It is not just about bridging technological divide but also bring people close to law which brings people close to justice. Technology offers not only tools but entire paradigm to make an inclusive justice system,”
He pointed out that justice should not be limited only to those who have access to internet and digital tools. The benefits of digital courts and virtual hearings are not reaching those who need them the most.
Justice Kant warned that if people are left out of the legal system due to digital inaccessibility, it can create frustration and alienation.
He stated,
“Justice delayed justice denied was there. But now in digital age, justice undelivered due to inaccessibility or exclusion is worse because it breeds alienation. We must remember that justice is a human act and cannot be measured by bandwidth,”
Justice Surya Kant also highlighted that legal aid, which is meant to help those who cannot afford lawyers, is still not easily understandable to many people.
He said that digital tools should have made things easier, but in reality, they have created more distance between people and the legal system.
He remarked,
“For many, legal aid remains unintelligible. Now there is also digital exclusion. Justice is only justice if it is accessible and visible and rooted in human dignity,”
However, he also suggested that new technologies, if used properly and ethically, can help solve some of these problems.
He mentioned virtual Lok Adalats, Artificial Intelligence, and other tools that can help common people understand their legal rights and check if they qualify for free legal aid. He also encouraged law schools to use technology to provide better training.
“Virtual lok adalats should also become virtual. Artificial Intelligence when used ethically can be a gamechanger. It can help citizens know their legal rights and systems can determine whether citizens qualify for free legal aid. Law schools can have immersive courtroom experience. For legal aid we should also look at crowd sourcing platforms etc.”
Justice Surya Kant made it clear that while technology is helpful, it must always be used with a human approach. He warned against over-reliance on machines and computerised systems that lack empathy or understanding.
“Technology is only a tool and heart of it must remain human.”
He also warned about risks like loss of privacy and stressed on the importance of public trust in the justice system.
“Another aspect is confidentiality. That must be protected. Privacy by design, user consent and continued public oversight must be there so that citizens know that their quest of justice does not come at the cost of their dignity. Above all, empathy must remain central, automated system is central but human touch is essential.”
Justice Kant said that legal services should not be treated like customer service, where a person gets a ‘ticket number’ and canned replies. Legal aid should be about respect and empowerment.
“Legal aid cannot become canned responses and be reduced to ticket numbers,”
he said once again stressing,
“Technology is only a tool and heart of it must remain human.”
He further explained that legal aid should not only help people fight their cases but should also make them feel empowered, respected, and understood.
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Justice Surya Kant also said that the legal system and judiciary should keep evolving with time. There is ongoing work for reforms at the grassroots level, and the government and judiciary both have important roles to play.
He added,
“Role of government cannot be avoided. Groundwork is being laid for ground level justice reforms. Judiciary must keep updating itself,”
He referred to the Indian Constitution and reminded everyone that Article 39A guarantees free legal aid to those who cannot afford it. But even today, this right is not fully available to women, children, and people with disabilities.
“India is among few nations which mandate legal aid but still the stark truth is that disabled, women, children still encounter issues while accessing legal aid. True access to justice not just representation but also empowerment.”
In conclusion, Justice Surya Kant warned that the digital divide is the new challenge India must overcome in its justice system.
“Courts are online, legal records are digitised. But digital divide has become the new face of inequality.”
Also present at the event was former Chief Justice of India, UU Lalit. He paid tribute to Justice RC Lahoti and remembered how he observed him while growing as a lawyer.
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Justice Lalit said,
“Justice Lahoti’s career in the Supreme Court was for 7 years. I was just about rising in the profession when Justice Lahoti was on the bench. I would keenly observe him and if there was one Karmayogi in Supreme Court those days, it was him”
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