Top court tells judges to prepare for cases on AI, crypto and data protection

Litigation in the coming years will be on issues such as crypto currency, data protection, encryption and artificial intelligence, said Chief Justice of India (CJI) NV Ramana while speaking at the inaugural event of a two-day judicial conference on Mediation and Information Technology at Gujarat on Saturday.

Urging judges, lawyers and law enforcement agencies to develop better understanding of these issues, CJI Ramana said, “All those engaged in justice dispensation mechanism: judges, lawyers, law enforcement agencies, and others, now need to have a thorough understanding of new technologies.”

Addressing the event that was presided and inaugurated by President Ram Nath Kovind, CJI said, “The rapid development of technology has resulted in increased complexity even within the legal and regulatory landscape of the country. For instance, technological developments such as crypto currency, data protection, encryption, and artificial intelligence have caused Courts and law enforcement agencies to engage with novel issues. With the passage of time, there is a possibility of increased litigation on these issues.”

President Kovind, while highlighting the twin issues of mediation and information communication technology (ICT) in furthering the cause of access to justice, said, “Among many objectives of the switch to ICT, the topmost has to be the improvement of access to justice. What we are aiming at is not change for sake of change, but change for sake of a better world.”

On mediation, President Kovind, who has been a lawyer himself, said, “In mediation everyone is a winner,” as he said that “If any pending litigation is settled by mediation, the entire court fees deposited by the litigant party are refunded.”

CJI said that in the modern age, there are multiple benefits of adopting alternate methods of dispute resolution. “Since alternate dispute resolution (ADR) is designed around a participatory model, its adoption is going to break the existing barrier. From being an “outsider to the process”, citizens with their direct involvement will be “insiders in the process”.”

With technological advances, parties prefer online mediation. Justice Ramana said, “Distance, money and time are no longer barriers for parties. Online mediation has ability to revolutionise the justice delivery system by promising simple and affordable justice for all.”

CJI said that conflicts are inevitable aspects of our lives. He recalled the mythological story of how Lord Krishna mediated to prevent the war . The mediation failed, though, but CJI said, “Imagine, how much destruction would have been avoided; how lives could have been saved and how the kingdoms would have prospered, had Krishna succeeded.”

“Misunderstandings, ego issues, lack of trust and greed can lead to conflicts,” Said Justice Ramana, adding, “Even the big conflicts can be resolved through understanding. Conflicts have a human face. One must have the foresight to look beyond the conflict. A dispute should not spoil your relationship.”

Due to obstacles in prolonged formal litigation, people hesitate to approach judicial f, he said, pointing to the fact that concept of ADR, through Lok Adalats, Gram Nyayalayas, mediation and arbitration centres, has the potential to transform the legal landscape of India by providing millions of people a platform to settle their grievances. This can help reduce pendency, save judicial resources and time, and allow litigants a degree of control over the dispute resolution process and its outcome.

Union Law. Minister Kiren Rijiju was also present at the event. He informed the gathering that the Centre is giving full attention to the subject of ADR and a bill on mediation that is pending before Parliament is “taking good shape”. He said, “We have got inputs from all stakeholders and also from Supreme Court judges. We have also got inputs from retired Supreme Court judges and this mediation bill is now with the parliamentary standing committee of law and justice. As soon as it comes to us, it will be passed with all amendments needed.”

Many judges of the Supreme Court, Chief Justices of the high courts were present at the event besides Governor of Gujarat Acharya Devvrat and Chief Minister of the state Bhupendra Rajnikant Patel.