The Digital Divide Vs Digital Justice: A Socio- Legal Investigation Towards Inclusivity Of Online Dispute Resolution
Rudrabhan Singh, Ph.D. Scholar and Senior Research Fellow, Ram Manohar Lohiya National Law University, Lucknow.
Dr. Ankita Yadav, Assistant Professor, Ram Manohar Lohiya National Law University, Lucknow.
ABSTRACT
The growing prevalence of Online Dispute Resolution (ODR) as a modality of adjudication and settlement has generated significant legal and socio- political debate. While ODR holds the promise of democratizing access to justice by removing geographic, temporal, and institutional barriers, it simultaneously risks reproducing and deepening structural inequalities rooted in the digital divide. This paper undertakes a socio-legal investigation of the tension between the digital divide and digital justice in the context of ODR. Drawing upon foundational theories of distributive justice, recognition, and capabilities, the paper critically examines how socio- economic, demographic, and infrastructural disparities shape differential access to ODR mechanisms. It analyses the normative framework governing ODR at both the international and domestic levels, with particular attention to the Indian context. The paper argues that the mere deployment of technological infrastructure is insufficient to achieve digital justice; rather, a transformative approach rooted in inclusivity, procedural fairness, and substantive equality is indispensable. Concluding with a set of policy prescriptions, this paper contributes to the emerging jurisprudence on technology, law, and access to justice.
Keywords: Digital Divide, Digital Justice, Online Dispute Resolution, Access to Justice, Inclusivity, Socio-Legal Analysis, Information and Communication Technology, Distributive Justice.
