Lok Sabha Question No. 440 (UNSTARRED), answered on 2023-02-03
Subject: Guidelines for Virtual Hearings in Courts
Ministry: LAW AND JUSTICE
Asked by: Shrirang Appa Barne, Raja Amareshwara Naik, Sudheer Gupta, Janardan Singh Sigriwal, Bidyut Baran Mahato, Sambhajirao Mane Dhairyasheel, Vinod Kumar Sonkar, Sanjay Sadashivrao Mandlik, Prataprao  Jadhav

## GOVERNMENT OF INDIA MINISTRY OF LAW AND JUSTICE (DEPARTMENT OF JUSTICE)

## LOK SABHA UNSTARRED QUESTION No. 440 TO BE ANSWERED ON FRIDAY, THE 3 rd FEBRUARY, 2023

## Guidelines for Virtual Hearings in Courts

## 440. SHRI SHRIRANG APPA BARNE:

SHRI JANARDAN SINGH SIGRIWAL:

SHRI SUDHEER GUPTA:

SHRI BIDYUT BARAN MAHATO:

SHRI RAJA AMARESHWARA NAIK:

SHRI DHAIRYASHEEL SAMBHAJIRAO MANE:

SHRI VINOD KUMAR SONKAR:

SHRI SANJAY SADASHIVRAO MANDLIK:

SHRI PRATAPRAO JADHAV:

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

- (a) whether the Government has formulated any operational guidelines or standards for virtual hearings across different courts in the country;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) the number of cases disposed in various courts of the country through digital/virtual mode, State/UT-wise;
- (d) whether the Government has assessed the reaction of the people of the country/lawyers/judicial officials with regard to digital hearing of cases and if so, the details  and outcomes thereof;
- (e) whether the Government has any plans to develop online dispute resolution capabilities in the country and if so, the details thereof and if not, the reasons therefor; and
- (f) the amount of funds sanctioned and released for the development of digital infrastructure for strengthening virtual hearings of the courts, State-wise?

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

(a) & (b): Video conferencing emerged as the mainstay of the Courts during the Covid lockdown period  as  physical  hearings  and  normal  court  proceedings  in  the  congregational  mode  were  not possible. To bring about uniformity and standardization in the conduct of VC, an overarching order (Suo Motu Writ(Civil) No. 5/2020) was passed by the Hon'ble Supreme Court of India on 6th April

2020 which gave legal sanctity and validity to the court hearings done through VC. Further, VC rules were framed by a 5-judge committee which was circulated to all the High Courts for adoption after local contextualization. The main features of the guidelines are:

- (i) Video  conferencing  facilities  may  be  used  at  all  stages  of  judicial  proceedings  and proceedings conducted by the Court.
- (ii) All  proceedings  conducted  in  a  Court  by  way  of  video  conferencing  shall  be  judicial proceedings  and  all  the  courtesies  and  protocols  applicable  to  a  physical  Court  shall apply to these virtual proceedings.
- (iii) All  relevant  statutory  provisions  applicable  to  judicial  proceedings  shall  apply  to proceedings conducted by video conferencing.
- (iv) There shall be no unauthorized recording of the proceedings by any person or entity.
- (v) The required person shall  provide  identity  proof  as  recognized  by  the  Government  of India/State Government/Union Territory.
- (vi) There  shall  be  a  Coordinator  both  at  the  Court  Point  and  at  the  Remote  Point  from which any Required Person is to be examined or heard.
- (vii) Any party to the proceeding or witness, save and except where proceedings are initiated at the instance of the Court, may move a request for video conferencing.
- (viii) Any proposal to move a request to for video conferencing should first be discussed with the  other  party  or  parties  to  the  proceeding,  except  where  it  is  not  possible  or inappropriate, for example in cases such as urgent applications.
- (ix) On receipt of request of video conferencing and upon hearing all concerned persons, the Court will pass an appropriate order after ascertaining that the application is not filed with an intention to impede a fair trial or to delay the proceedings.
- (x) While allowing a request for video conferencing, the Court may also fix the schedule for convening the video conferencing.
- (xi) Costs, if directed to be paid, shall be deposited within the prescribed time, commencing from the date on which the order convening proceedings through video conferencing is received.

(c): Number of cases dealt with by High Courts and District Courts through video conferencing is attached at Annexure - I.

(d): No,Sir.No evaluation exercise has been made in this regard. However, Virtual hearing of the cases  by  the  Courts  has  helped  the  entire  legal  ecosystem  including  the  litigants  and  lawyers

particularly during the Covid-19 pandemic as it enables them to appear before the court from any location of their choice thus leading to considerable saving of time, money and physical efforts.

(e): The concept of Online Dispute Resolution (ODR) in India is developing. The NITI Aayog had constituted a high-level committee in June 2020 under the chairmanship of Justice A K Sikri, retired Judge,  Supreme  Court  of  India  to  develop  an  action  plan  for  mainstreaming  ODR,  to  create  an effective implementation framework of ODR and to promote access to justice through ODR. The report of the committee released on 29.11.2021 recommends measures at three levels in adopting ODR framework in India:

- (i) Structural  level-  increase  digital  literacy,  improve  access  to  digital  infrastructure  and train professionals.
- (ii) Behavioural leveladoption of  ODR  to  address disputes  involving  Government departments and ministries.
- (iii) Regulatory level- a soft-touch approach to ODR platforms and services.

The report stresses on strengthening the existing legislative framework for ODR and offers a phased implementation framework. It has been proposed to provide for provisions enabling online mediation under the Mediation Bill, 2021 which was introduced in the Rajya Sabha on 20.12.2021. The online mediation is to be conducted in accordance with the process specified by the Mediation Council  of India.  The  Bill  was  referred  to  the  Department-related  Parliamentary  Standing Committee on Personnel, Public Grievances, Law and Justice, which has since submitted its report and under consideration by the Government of India.

(f): In the Phase-II of the eCourts Project, out of total outlay of Rs. 1670 crore, the Government has released  a  sum  of  Rs.  1668.43  crore  as  on  31.03.2022  to  various  organizations  involved  in  the implementation of the project. This includes a sum of Rs. 111.29 crores released for installation of video conferencing infrastructure such as video conferencing equipment, VC Cabins, VC Licenses and Document Visualizers, etc in Courts and Jails.

***

## Annexure - I

Statement referred to in reply of Lok Sabha Unstarred Question No. 440 for 03/02/2023 regarding Guidelines for Virtual Hearings in Courts. The High Court and District Court wise details of the cases disposed by different courts through video conferencing are as under:

| Number of cases dealt with (virtual hearings) on video conferencing in High Courts and District Courts during the pandemic as on 30 November 2022   | Number of cases dealt with (virtual hearings) on video conferencing in High Courts and District Courts during the pandemic as on 30 November 2022   | Number of cases dealt with (virtual hearings) on video conferencing in High Courts and District Courts during the pandemic as on 30 November 2022   | Number of cases dealt with (virtual hearings) on video conferencing in High Courts and District Courts during the pandemic as on 30 November 2022   | Number of cases dealt with (virtual hearings) on video conferencing in High Courts and District Courts during the pandemic as on 30 November 2022   |
|-----------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------|-----------------------------------------------------------------------------------------------------------------------------------------------------|
| S.No.                                                                                                                                               | High Court                                                                                                                                          | High Court                                                                                                                                          | District Court                                                                                                                                      | Total                                                                                                                                               |
| 1                                                                                                                                                   | Allahabad                                                                                                                                           | 241335                                                                                                                                              | 3877965                                                                                                                                             | 4119300                                                                                                                                             |
| 2                                                                                                                                                   | Andhra Pradesh                                                                                                                                      | 380252                                                                                                                                              | 1412298                                                                                                                                             | 1792550                                                                                                                                             |
| 3                                                                                                                                                   | Bombay                                                                                                                                              | 37535                                                                                                                                               | 69857                                                                                                                                               | 107392                                                                                                                                              |
| 4                                                                                                                                                   | Calcutta                                                                                                                                            | 137868                                                                                                                                              | 80646                                                                                                                                               | 218514                                                                                                                                              |
| 5                                                                                                                                                   | Chhattisgarh                                                                                                                                        | 103054                                                                                                                                              | 39950                                                                                                                                               | 143004                                                                                                                                              |
| 6                                                                                                                                                   | Delhi                                                                                                                                               | 317729                                                                                                                                              | 3297030                                                                                                                                             | 3614759                                                                                                                                             |
| 7                                                                                                                                                   | Gauhati - Arunachal Pradesh                                                                                                                         | 2291                                                                                                                                                | 8128                                                                                                                                                | 10419                                                                                                                                               |
| 8                                                                                                                                                   | Gauhati - Assam                                                                                                                                     | 266154                                                                                                                                              | 322269                                                                                                                                              | 588423                                                                                                                                              |
| 9                                                                                                                                                   | Gauhati - Mizoram                                                                                                                                   | 3963                                                                                                                                                | 13268                                                                                                                                               | 17231                                                                                                                                               |
| 10                                                                                                                                                  | Gauhati - Nagaland                                                                                                                                  | 930                                                                                                                                                 | 650                                                                                                                                                 | 1580                                                                                                                                                |
| 11                                                                                                                                                  | Gujarat                                                                                                                                             | 388928                                                                                                                                              | 191558                                                                                                                                              | 580486                                                                                                                                              |
| 12                                                                                                                                                  | Himachal Pradesh                                                                                                                                    | 183904                                                                                                                                              | 95523                                                                                                                                               | 279427                                                                                                                                              |
| 13                                                                                                                                                  | Common High Court for Union Territory of Jammu and Kashmir and Union Territory of Ladakh                                                            | 257659                                                                                                                                              | 452673                                                                                                                                              | 710332                                                                                                                                              |
| 14                                                                                                                                                  | Jharkhand                                                                                                                                           | 218227                                                                                                                                              | 637012                                                                                                                                              | 855239                                                                                                                                              |
| 15                                                                                                                                                  | Karnataka                                                                                                                                           | 1086570                                                                                                                                             | 119946                                                                                                                                              | 1206516                                                                                                                                             |
| 16                                                                                                                                                  | Kerala                                                                                                                                              | 159316                                                                                                                                              | 531438                                                                                                                                              | 690754                                                                                                                                              |
| 17                                                                                                                                                  | Madhya Pradesh                                                                                                                                      | 667410                                                                                                                                              | 763500                                                                                                                                              | 1430910                                                                                                                                             |
| 18                                                                                                                                                  | Madras                                                                                                                                              | 1424315                                                                                                                                             | 336752                                                                                                                                              | 1761067                                                                                                                                             |
| 19                                                                                                                                                  | Manipur                                                                                                                                             | 38695                                                                                                                                               | 15288                                                                                                                                               | 53983                                                                                                                                               |
| 20                                                                                                                                                  | Meghalaya                                                                                                                                           | 2747                                                                                                                                                | 24282                                                                                                                                               | 27029                                                                                                                                               |
| 21                                                                                                                                                  | Orissa                                                                                                                                              | 282560                                                                                                                                              | 242717                                                                                                                                              | 525277                                                                                                                                              |
| 22                                                                                                                                                  | Patna                                                                                                                                               | 266756                                                                                                                                              | 2054005                                                                                                                                             | 2320761                                                                                                                                             |
| 23                                                                                                                                                  | Punjab and Haryana                                                                                                                                  | 581047                                                                                                                                              | 1829482                                                                                                                                             | 2410529                                                                                                                                             |
| 24                                                                                                                                                  | Rajasthan                                                                                                                                           | 229014                                                                                                                                              | 178520                                                                                                                                              | 407534                                                                                                                                              |
| 25                                                                                                                                                  | Sikkim                                                                                                                                              | 477                                                                                                                                                 | 9071                                                                                                                                                | 9548                                                                                                                                                |
| 26                                                                                                                                                  | Telangana                                                                                                                                           | 299031                                                                                                                                              | 190327                                                                                                                                              | 489358                                                                                                                                              |
| 27                                                                                                                                                  | Tripura                                                                                                                                             | 10576                                                                                                                                               | 12070                                                                                                                                               | 22646                                                                                                                                               |
| 28                                                                                                                                                  | Uttarakhand                                                                                                                                         | 73900                                                                                                                                               | 41295                                                                                                                                               | 115195                                                                                                                                              |
| Total                                                                                                                                               | Total                                                                                                                                               | 7662243                                                                                                                                             | 16847520                                                                                                                                            | 24509763                                                                                                                                            |