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AI And Access To Justice: The Indian Context

The Indian legal system has traditionally struggled with obstacles that prevent citizens from effectively accessing justice. Because of the huge population of over 1.4 billion people, the pressure on the judicial system is immense. This results in delays in the judicial process with cases often taking years, or even decades, to resolve. This backlog is aggravated by a shortage of judges and court staff, leading to extended waiting periods for persons seeking resolution. 

However, the expenses, including the hiring of attorney services, remain high, and a significant barrier to many people. Legal fees can be prohibitive, particularly for those from lower-income backgrounds, effectively excluding large segments of the population from accessing legal services.

There has been a change in this climate in recent years following the integration of Artificial Intelligence (AI). AI technologies provide unique accomplishments that, when adopted, can lead to increased effectiveness of the current legal system through increased efficiency and reduced costs. For example, AI can help to save time by performing routine tasks, and in the same manner, AI can help in carrying out improved legal analysis for enhanced legal research helping to improve case handling among other things to tackle some of the systematic and deep - rooted challenges affecting the Indian judiciary. 

Moreover, AI as an application can bring legal advice to virtually anyone at least in terms of offering people knowledge that is necessary for comprehending their rights and various legal complexities. Thus, today many companies and startups appear to create AI-based systems for legal support, to search for pertinent information and to perform analytical functions that help legal professionals and non-specialists interact with the legal environment. In this context, Artificial Intelligence (AI) is emerging as a transformative tool that can enhance access to justice in various ways.

Artificial Intelligence and Legal Services:

  1. AI has been determined as an effective tool to access justice in India's legal landscape.
  2. Some of the applications of AI in Indian Judicial System are discussed as follows:

Legal Research: One of the primary barriers to access to justice is the complexity of legal information. Traditional legal research can be time-consuming. Many individuals lack the resources to navigate the legal system effectively. AI-powered tools have the potential to revolutionize legal research. • AI-powered tools, such as legal research platforms and chatbots, can democratize access to legal information by simplifying the process of finding relevant laws, provisions and precedents.


Case Analysis or Management:

  • AI can rapidly analyze vast amounts of legal data, case law, and statutes, providing lawyers with relevant information quickly.
  • It can significantly streamline case management within the judiciary by automating routine tasks such as document filing, scheduling, and case tracking, reducing administrative burdens on courts and improving efficiency.
  • Moreover, AI-driven document automation tools can generate contracts, agreements, and legal notices efficiently.
  • This speeds up the process and reduces the likelihood of human error, making legal services more reliable and accessible.

Bridging the Urban-Rural Divide:

There is a significant disparity in access to legal services between urban and rural areas.
  • AI has the potential to bridge this gap by providing remote legal assistance and resources to underserved populations.
  • Mobile applications that utilize AI can connect rural citizens with legal experts, facilitating consultations and advice through smartphones.
  • This can enhance legal literacy and empower individuals in rural areas to seek justice without the burden of travel or high costs.

Virtual Legal Assistants:

  • Chatbots and virtual legal assistants powered by AI can provide legal information and guidance to individuals who may not have access to legal counsel.
  • By answering basic legal queries and guiding users through processes, these tools democratize legal knowledge and empower individuals to advocate for themselves.

The Supreme Court's Efforts to Enhance Access to Justice with AI

The Supreme Court (SC) of India has explored and integrated technology to enhance access to justice, especially through AI and other digital tools. Some recent measures taken by the SC in this regard are as follows:

E-Courts:

To digitize court processes and improve efficiency, the SC has been implementing the E-Courts Project. This initiative includes the use of online case management systems, electronic filing of documents, and real-time tracking of cases, making it easier for litigants to access information and services. In February 2023, Chief Justice of India DY Chandrachud expressed the importance of technology in the judiciary. He stated that the Supreme Court's E-Committee was setting up "E-Seva Kendra" in all Courts to make the judiciary more accessible to the citizens of the country including villages.

Virtual Hearings:

In response to the COVID-19 pandemic, the SC adopted virtual hearings, allowing for remote participation in legal proceedings. This move not only ensured continuity of judicial functions during the pandemic but also made the court more accessible, especially for those who might face challenges traveling to courtrooms. In Swapnil Tripathi v. Supreme Court of India, the Supreme Court has advocated telecasting the court proceedings live in a move towards greater transparency of and in the courtroom.

Chatbots:

Various chatbots are being developed to assist individuals with common legal queries, guiding them through processes like filing complaints or understanding legal rights.
Conclusion
AI has the potential to significantly improve access to justice in India, offering innovative solutions to long-standing challenges. However, to fully realize this potential, stakeholders must work together to address the associated challenges such as data privacy or security, and ethical concerns. With careful implementation and regulation, AI could be a key driver in transforming the legal landscape, making justice more accessible for all.

Reference:
  • https://www.freelaw.in/legalarticles/The-Impact-of-AI-on-judiciary
  • Swapnil Tripathi vs Supreme Court of India, [writ petition (CIVIL) no. 1232 of 2017]

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