Technology by Itself Not a Remedy for All Ills: CJI DY Chandrachud Emphasises Need for Digital Inclusion

Justice Chandrachud was speaking at the platinum jubilee celebrations of the Gauhati High Court. Also in attendance were President of India Droupadi Murmu, Governor of Assam Gulab Chand Kataria, Union Minister of Law and Justice Kiren Rijiju, Chief Justice of Gauhati High Court Sandeep Mehta, and Chief Minister Himanta Biswa Sarma.

Digital Exclusion and Ecosystem that Actualises Benefits of Technology

An important moment at the event was the launch of a mobile application called ‘Bhoroxa’, which means trust, developed by the Gauhati High Court to ensure women’s safety and empowerment. The application was ceremonially launched by President Droupadi Murmu. It would, among other things, allow women in distress to send instant SOS messages with geolocation to emergency contact numbers.

While commending the efforts of the high court, the Chief Justice of India noted in particular that the developers, keeping in mind the digital gender divide in access to the internet, made sure that the application also worked in areas with no internet connectivity, where an SMS alert would be sent to emergency contacts with the location of the nearest phone tower. The chief justice said, “I must applaud the developers for being cognisant of the ground social realities. Technology has to be groomed to the Indian social context, our design thinking must be user-centric. Our processes in the judicial system will result in just outcomes only if our structural designs include everyone and exclude no one.

While speaking about the digital gender divide in the country and the state of Assam, Justice Chandrachud cited figures from a recent national family health survey. The survey revealed that 75.4 per cent of women in the urban areas of Assam, and 53.9 per cent of women in the rural areas of the state already had access to mobile phones. “This is a tremendous achievement of the state and represents years of progress towards equal digital inclusion,” the chief justice said. “However,” he pointed out, “The percentage of women who have never used the internet still falls below 50 per cent in Assam.” “We must remember that technology by itself is not a panacea. It must be supported by an ecosystem to actualise the benefits which are intended,” Justice Chandrachud added.

Access to justice, including legal aid and public services

While speaking about the issues of accessibility, Chief Justice Chandrachud remembered the ‘stirring’ words of President Droupadi Murmu at the celebration of Constitution Day last year. Justice Chandrachud said, “She had raised important concerns regarding lack of access to justice and legal aid and urged us to address the pressing needs of the most vulnerable sections of our society. Her words have inspired the legal fraternity to widen the reach of justice throughout the nation.”

The judge pointed out that historically, many jurisdictions under the Gauhati High Court have reeled from natural calamities. “Recurring floods in the state of Assam annually displace thousands of people, many losing important identity documents, and other material possessions in the process,” he said. Justice Chandrachud added, “Challenges faced by the marginalised and the vulnerable communities during these adversities are even greater, impeding their access to public services, including their access to justice. As we celebrate seventy-five years of the Gauhati High Court, we must also recognise the challenges that continue to plague our justice system, particularly in the realm of access to justice.”

Role of judiciary and humane touch in law

The role of the judiciary is to ensure that the law and its administration do not thwart justice but rather uphold it, said Justice Chandrachud. “Law should always be used with the sensibilities to address the root of the problem and take into consideration the social realities of the communities where it is sought to be implemented.” He also added:

“Law must remain imbued with a remain imbued with a humane touch and is grounded in diversity of human experiences. A humane touch of the law is essential to ensure that law serves the needs and interests of all people. It requires a willingness to be empathetic to the unique identities of people, with a commitment to accessibility and fairness, and an implementation which is grounded in compassion and respect for equality and diversity.”

He further said, “When the law is wisely applied and interpreted by judges who have a feel for social realities and compassion in the application of the law, it takes a step forward towards realising justice. However, when the law is wielded without principle, it can carry the burden of arbitrariness.” For the judges and lawyers, and all of us as citizens, the constitutional path is reflected in the values of the preamble, he said. “Fraternity, dignity, liberty, and equality provide the beacon for the unity of our nation and the stability of our social fabric.”

To illustrate this, he said, “Gauhati High Court had done outstanding work when times were bleak during the Emergency. It is in tough times that the tough judges get going.”

Constitutional statesmanship is relationship between executive and judiciary

Chief Justice Chandrachud insisted that the relations between the executive and the judiciary, on the administrative side, have to be marked by a sense of robust ‘constitutional statesmanship’. “All three arms of the State – executive, legislature, and the judiciary – are engaged in the common task of nation-building. But, on the judicial side, the confidence and faith of the citizens in the judiciary depend on judicial independence. The legitimacy of the judiciary as an institution depends on the faith we command, of our citizens. And that faith is determined by one factor and one factor alone, which is whether we become the first and the last choice of access to the citizens in times of distress and need.” He further added, “Constitutional statesmanship, whether on the judicial side or the administrative side, requires deliberation. It requires dialogue, but not public grandstanding.”