Online Dispute Resolution In India: Paving The Way For Accessible Justice
- IJLLR Journal
- Sep 28, 2024
- 2 min read
Priyanka Pareek, Assistant Professor, S.S. Jain Subodh Law College, Jaipur, Rajasthan
ABSTRACT
The introduction of Online Dispute Resolution (ODR) courts in India represents a significant advancement in the country’s legal and judicial framework, addressing critical challenges such as judicial backlog, high litigation costs, and limited access to justice. ODR courts leverage digital technologies to mediate, arbitrate, and resolve disputes in a virtual environment, offering an alternative to conventional courtroom procedures. This paper explores the historical evolution of ODR in India, beginning with the foundation laid by the Information Technology Act, 2000, and highlights key milestones, including the expansion of e-courts and the rapid digitalization spurred by the COVID-19 pandemic.
The structure and functioning of ODR courts in India is analyzed, focusing on the technological tools, legal frameworks, and procedural adaptations that have enabled the system’s growth. The paper discusses the various advantages of ODR, including enhanced efficiency, cost-effectiveness, and improved access to justice, particularly for individuals in remote areas. However, it also addresses the significant challenges ODR faces, such as the digital divide, concerns over fairness and transparency, and technical barriers.
A comparative analysis with global ODR systems from the United States, the United Kingdom, and Singapore offers valuable insights into best practices and innovations that can be adapted to the Indian context. This paper concludes by recommending strategic investments in digital infrastructure, capacity-building for stakeholders, and the development of a comprehensive legal framework to ensure the sustainable and equitable growth of ODR courts in India. By addressing these challenges, India can harness the potential of ODR to create a more efficient and inclusive justice system.
Keywords: Online Dispute Resolution, Judicial Reform, E-Courts, Access to Justice
