Two Indias, one judiciary: The uneven rise of virtual courts

This is an order issued by the Supreme Court of India on April 6, 2020, establishing guidelines for the use of video conferencing in court proceedings during the COVID-19 pandemic. It matters to citizens because it legitimizes virtual hearings, mandates that courts provide access for those without technology, and sets rules for how evidence and arguments are handled to ensure justice continues while maintaining social distancing.

The Supreme Court of India, all High Courts, District Courts, judges, litigants, lawyers, court staff, and the general public seeking access to the judicial system.

• All measures taken by the Supreme Court and High Courts to reduce physical presence in court premises are deemed lawful.
• Supreme Court and High Courts are authorized to use video conferencing technologies for judicial functioning.
• High Courts are authorized to determine specific modalities for video conferencing based on local conditions.
• Courts must maintain a helpline for complaints regarding video feed quality or audibility; grievances not raised during or immediately after proceedings will not be entertained.
• District Courts must adopt the video conferencing modes prescribed by their respective High Courts.
• Courts must provide video conferencing facilities to litigants who lack the means or access to do so themselves, potentially appointing an amicus-curiae if necessary.
• Until specific rules are framed, video conferencing is mainly for hearing arguments; evidence cannot be recorded via video conferencing without the mutual consent of both parties.
• Presiding officers have the power to restrict entry to courtrooms to limit the number of people present, but cannot prevent a party from entering unless they are suffering from an infectious illness.

Written from the document by AI, and checked against it. The original below is authoritative.

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