1.Introduction

The idea of countinuing the Court proceedings during the time of lockdown has spread all over the world in the events of COVID-19 in 2020.Just becuse people were restricted to not stay at home for their health safety will not stop the government from functioning as it will lead to anarchy if the severe disruption in every industry and halt to government operation if continued to be halted.We needed a swift transition to a digital meetings which were as accomodating and real as the in-person court proceedings .Federal, state, and local courts discovered that by implementing Zoom, they could maintain continuity and continue the case hearings instead of backlogging of cases.This new way of having Zoom meetings as a medium ffor court proceeding will pave thw path for digital revolution.[1]

2.Pros of Having Court Proceeding through Zoom Meetings

Choosing Zoom or online platforms as a platform to held court proceedings has be only done under exceptional and necessary conditions until the lockdowm when the govenmant did'nt have any other choice but to use Zoom for all the necessary cases due to the pandemic.This led to the realisation that there are many prons through this method-

• Online mediation and court proceedings has led to saving lots of time with speedy resolutions.The pandemic has caused in-person court proceedings to stall and delay, but the problem was solved due to scheduled hearings by the courts and litigants. Furthermore, this creates the possibility of a more rapid hearing process in the future, with a quicker start time, a lower chance of someone being delayed, and an easier time with court hearings that might include witnesses from other states or nations.[2]
• Due to the very accessible nature of Technology from all socioeconomic backgrounds that could also establish a safe, welcoming atmosphere was an advantage while conductile Online case hearings.This helped show the limitations that court employees needed to implement.It also helped with jury trials which are ususally held in countries like USA,UK, Ireland, Australia,Canada ,etc whose legal systems were derived from the British Empire as the Juries are also needed to leverage solutions with accessibility features that empowered and included people from all backgrounds.
• The credibility of the witness will be one of the other advantages as the witness will be able feel safety nad comfort of their own home while cases regarding domestic abuse,rape,murder etc.It is also convenient for witnesess who have do not to come from differenn states or countried of their residence to testify in the courtd anymore.The parties in dispute also do not have to cover the same expenses for their attorneys' attendance at the hearing, including mileage.

3.Cons of Having Court Court Proceedings through Zoom Meetings

The majority of the cons regarding Zoom hearings center on the courts' live YouTube broadcasting of the proceedings in order to abide by which mandates that courtrooms be kept accessible to the public.

• Due to the continiious reliance on electronic devices,the virtual hearings may exclude a relatively limited percentage of litigantsmostly older litigants or those with lower incomesbecause they take place on computers that are connected to one another via the internet. It's possible that they lack easy access to technology or are uncomfortable using it.[3]The online mode of holding court proceedings is also seen as uncoventional as there is a lack of all the formality and decorum that comes with the in-court proceedings.
• The Unauthorized recordings of the courts proceedings is be considreed as illegal and the courts are unable to find out if anyone else secretly videotaped the hearing on their cell phone which are not supposed to be public.All the Private Data like Tax returns, bank statements, CPS reports, psychological evaluations, and other private financial, medical, or personal information may need to be disclosed during family court proceedings which will be also viewed by all the youtube viewers when theat data is supposed to be confidential.[4]
• The Court hearnings will constantly be scrutinized by the public both pre,during and post judgement.In a online courtroom the judges do not have the same control over as is in the cpurt room to reprimand any distraction and for the case to go on smoothly as they cannot control the actions virtually.The Intergrity of the Testimony can also be questioned as sequestering of unaffiliated witnesses as police seclusion and cell phone usade cannot be easily possivle if the proceedings are itself held virtually

4.Adoption Of Virtual and Online Courts in India

a.E-Courts Mission Mode Project

The eCourts Project was conceived based on the "National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary 2005" submitted by the eCommittee, Supreme Court of India.Later Hon'ble e Committee was created whose mandate is to advise on technological changes related to management and communication and to help draft a national policy for the computerization of the Indian judiciary.The aim is to improve the quality and quantity of judicial productivity by settinf and executing courtroom decision support systems,while maintaining the affordability, accessibility, cost-effectiveness, predictability, reliability, and transparency of the justice delivery system.[5]Numerous litigant-focused services, such as checking the progress of a case, accessing electronic cause lists, and easily obtaining daily orders in PDF format, are available on the e-courts website like The National Judicial Data Grid (NJDG).The first phase of the project was implemented during 2007-2015 and the second phase was launched in 2015. It is monitored and funded by the Department of Justice and implemented by the National Informatics Centre (NIC).

b.Virtual Courts prior and Online Courts during COVID-19

The Delhi District Courts opened its first virtual court in 2019; at first, it handled cases involving online traffic challans. In order to establish virtual courts for other minor infractions, Justice Chandrachud encouraged Chairpersons of e-Committees of various High Courts to develop such Information and Communications Technology (ICT) capacities.
In order to avoid the transfer of inmates between courts and jails, remand cases were the main usage of the virtual court system prior to COVID-19 but later virtual proceedings were conducted to it reduces the risk associated with the litigants' and attorneys' physical presence during the adjudication process.On April 6, 2020, the Supreme Court of India issued an omnibus order citing Article 142 of the Indian Constitution, so bestowing legal validity upon video conferences throughout all High Courts inside the nation. On April 6, 2020,. seven Supreme Court judges, chaired by Justice N.V. Ramana os Supreme Court of India issued an omnibus order citing Article 142 of the Indian Constitution, so bestowing legal validity upon video conferences throughout all High Courts inside the nation. In consideration of the ever-changing health landscape and the state-specific quirks of the legal system, the High Courts retain the authority to embrace technology that has been tailored to their specific needs.[6]

5.Conclusion

There are both advantages as well as disadvantages from Online Court proceedings but due to digital revolution technology will be part of everything in our life and since change is unavoidable,improvements need to be made in the future so the court proceedings through digital media, are equitable and serve justice.The courtroom should make everyone equal with increased engagement from all sides.We need to make changes in the present IT laws to protect the confidential information from cyber attacks by posing strict regulations on digital platforms.All this does not mean that in-court proceeding should be put to an end in the near future.They are still very impportant in holding proceeding for very important and long cases.

Citations

1.The Future of Courts Hybrid and Virtual Courts,available at https://www.zoom.com/en/industry/government/resources/future-of-courts/ (December 22,2023)

2.7 Benefits Of Online Court Hearings (And 4 Cons), available at https://resources.immediation.com/7-benefits-of-online-court-hearings-and-4-cons-2/ (December 22,2023)

3.Rosemary Boscka;"Virtual Court: Pros and Cons",available at https://shulman.ca/blog/technology-and-social-media/virtual-court-pros-and-cons (December 22,2023)

4.Shalini Nangia,Julia A. Perkins,Erika Salerno Shadowens;"The Pros and Cons of Zoom Court Hearings",available at https://www.natlawreview.com/article/pros-and-cons-zoom-court-hearings (December 22,2023)

5.e-Committe-Supreme Court Of india, available at https://ecommitteesci.gov.in/ (December 22,2023)

6. Dr Karnika Seth;"Adoption of Virtual Courts in India ", available at https://www.scconline.com/blog/post/2022/01/24/virtual-courts-in-india/ (December 22,2023)