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02/11/2020 - Judiciary

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November 02, 2020

Online Dispute Resolution could be the post-pandemic disruption that enhances justice delivery to all. Do you agree with this view? Comment (200 Words)

Refer - Financial Express

Enrich the answer from other sources, if the question demands.


 

4 comments
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IAS Parliament 3 years

KEY POINTS

·         The pendency of over 40 million cases in our judicial system remains a focal point for reform and reduction. Nearly a third of these have been pending for three to 30 years due to resource-dwindling litigation, case adjudication and difficulty in consensus resolution.

·         The Union minister (law & justice) told the Parliament on September 22 that 62,054 cases were pending at the Supreme Court, 51,57,378 at High Courts (HC) and 3,45,71,854 at the district courts. This seems more than significant, except that the courts are performing in an exemplary fashion to dispose of cases.

The case for online dispute resolution (ODR)

·         It is inevitable that as entrepreneurs innovate, businesses will become multi-layered in terms of operative parties involved. The economy will digitise, transactions will escalate, and hence, disputes will both rise and arise.

·         Keeping this context in mind, the growing focus on online dispute resolution (ODR) in India is not without reason. Some might even say it is intuitive. ODR aligns with the current socio-economic milieu, has a global precedent of being extremely successful, and above all, has principles of natural justice in its essence.

·         To augment dispute resolution mechanisms, Lok Adalats and Gram Nyalayas have been created as alternative options for affordable justice.

Innovation in disputes

·         ODR has significantly large-scale potential for innovation. For instance, the feedback rating system in e-commerce, where parties to a transaction criticise or praise each other has incentivised developing a reputation for scaling activity through smooth transactions.

The Indian ODR

·         ODR has the potential to raise equity, fairness, access in the dispute resolution ecosystem in India. The convenience brought by ODR has been exhibited by e-Lok Adalats conducted in several states such as Chhattisgarh, Karnataka, Rajasthan, Gujarat and soon Kerala where disputes were resolved simply over WhatsApp audio/video calls.

·         ODR has the potential to be an effective alternative that utilises technology to bridge barriers and access in resolution.

·         Through facilitating low cost, remote, technology-augmented, linguistically- friendly, amicable and incentivised dispute avoidance, containment and resolution while adhering to principles of natural justice, ODR could be the post-pandemic disruption that enhances justice delivery to all.

Venkat 4 years

Kindly review

IAS Parliament 4 years

Try to provide data on pendng cases and include about national judical data grid. Keep Writing.

aswin 4 years

Please review

IAS Parliament 4 years

Elaborate on the points written and provide coherence to the answer by interconnecting the key points. Keep Writing.

Venkateshwaran R 4 years

Kindly provide feedback. Thank you Sir

IAS Parliament 4 years

Try to include about positive points and provide a balanced answer. Keep Writing.

Venkateshwaran R 4 years

Okay sir. I will follow it

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