Lok Sabha Question No. 1806 (UNSTARRED), answered on 2022-02-11
Subject: Online Dispute Resolution
Ministry: LAW AND JUSTICE
Asked by: Khagen Murmu

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE DEPARTMENT OF LEGAL AFFAIRS

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## LOK SABHA

## UNSTARRED QUESTION NO.1806 TO BE ANSWERED ON FRIDAY, THE 11 th  FEBRUARY, 2022

## Online Dispute Resolution

1806: SHRI KHAGEN MURMU:

Will the Minister of LAW AND JUSTICE be pleased to state:

(a)  whether  the  Government  has  taken  note  that  in  the  present  pandemic conditions private dispute resolution centres and courts around the world have embraced technology-based approach and adequate protocols have been allowed entry to make video-conferencing-enabled participation in proceedings;

(b) if so, the details thereof; and

(c) the initiatives proposed to be taken by the Government in this regard keeping in mind the fact that the use of technology for Online Dispute Resolution (ODR) can facilitate judicial process in this challenging times?

## ANSWER MINISTER OF LAW AND JUSTICE (SHRI KIREN RIJIJU)

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- (a) & (b): Yes.Video conferencing has emerged as the mainstay of the Courts during  the  ongoing  Covid  pandemic  period  as  physical  hearings  and  normal court  proceedings  in  the  congregational  mode  were  not  possible.  To  facilitate dispensation of justice in such times one video conference equipment each has been provided to all court complexes including taluk level courts and additionally funds have been sanctioned for additional VC equipment for 14,443

court rooms. Funds for setting up 2506 VC Cabins have been made available. Additional  1500  VC  Licenses  have  been  acquired.  VC  facilities  are  already enabled between 3240 court complexes and corresponding 1272 jails. A sum of Rs. 7.60 crore has been released for procurement of 1732 Document Visualizers. Further,  Judicial  Service  Centres  (JSC)  have  been  established  to  serve  as  a single window for filing petitions and applications by litigants / lawyers, and for obtaining information on ongoing cases and copies of orders and judgments etc. In addition, eSewaKendras have been rolled out to bridge the digital divide by providing eFiling services to lawyers and litigants. Government has released Rs. 12.54  crore  for  setting  up  eSewaKendras.  As  on  31.12.2021,  451  eSewa Kendra's have been made functional in District Courts under 25 High Courts. Also,  training  programs  and  awareness  campaigns  have  been  conducted  from time  to  time  to  train  various  stakeholders  and  familiarise  them  with  court digitisation  initiatives.  Data/information  relating  to  private  dispute  resolution centres is not collated by the Government.

(c) The concept of Online Dispute Resolution(ODR) in India is at a nascent stage.    The  NITI  Aayog  had  constituted  a  high  level  committee  to  take  it forward and the report of the committee titled 'Designing the future of dispute Resolution:  the  ODR  Policy  Plan  for  India'  was  released  on  29.11.2021.    It inter-alia recommends for mainstreaming of ODR in India, as a cost effective, convenient, efficient process which can be customised to the specific needs of the parties, considering the nature of the dispute.  The Government of India has also acknowledged the importance of online dispute resolution and proposes to provide legal sanction to ODR by way of requisite provisions in the Mediation Bill,  2021  introduced  in the  Rajya  Sabha  on 20.12.2021.  The Bill recognizes online  pre-litigation  mediation  as  an  acceptable  and  cost  effective  process  of dispute resolution thereby removing the distance barrier for parties.

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