Moments of Accidental Contemplation: (Greed could be fatal)

The following discussion is not intended to be made considering "greed" as “immoral” or “evil” or rather the same would be done on the touchstone of practicality, i.e., the apparently inevitable and more palpable consequences of it.

It is also clarified that “greed” here not only refers to material things like goods, money, products etc. but also to non-tangible outcomes like power, status, dominance, influence, privileges, sex and so on. Further, that greed has no boundaries, no limits and as a matter of fact, that is how it is characterized.

There is no denying that greed is a part of human nature and almost all of us are greedy to some extent, but the predicament is that it has a natural property to multiply itself and it keeps on doing so until we consciously put a check on it. Greed often takes the route of the subconscious to enter our minds and as soon as it does, it starts multiplying manifolds.

Unfortunately, indeed, we generally do not realize until it is too late and at times, we do not even realize it later. In fact, at its onset, we tend to welcome it, but very soon the destruction begins.

Now, even if we overlook the potential harm, it does to others, greed has certain consequences for the people themselves and the present discourse more particularly focuses on this aspect. Greed takes over our personalities and it starts manifesting itself through us, almost in all spheres of our being. Though it makes small changes initially, however, with the passage of time, it transforms us to a completely new personality; probably the one we never thought and would like ourselves to be.

Greed basically distorts our perception of "Distributive Justice" and thereby constantly make us feel that we are getting less than what we deserve. Further, by altering our understanding of fairness, we are susceptible to develop weird sense of “behavioural expectations” from others. Resultantly, it infuses a sense of continual dissatisfaction in us and thereby makes the contentment ever elusive for us.

Furthermore, the insatiability of greed is detrimental. Greed tends to make our desires insatiable and unquenchable. In consequence, we are driven to deceptively precarious paths in pursuit of endlessly illusory treasures. Since the cycle can never be broken, it eventually starts giving us a feeling of anxiety and restlessness. Slowly and gradually, we end up getting trapped in inextricable tangles of desire. 

Also, greed is so intoxicating that it always keeps us in a psychologically inebriated state. In its spell of enchantment, it starts operating even at micro levels, making our vision completely myopic therewith. Resultantly, we are most likely to lose the big battle in a bid to secure every single win.  

Sadly indeed, oft-times the nature of damage is permanent and we usually find our boats burnt. Thus, greed could be fatal, unless diagnosed at an early stage !

©Both the text and the photographs are protected works of the author Bibhuti Bhushan Mishra. They can not be published, reproduced, adapted or otherwise dealt with without the prior permission of the author.

Virtual Court System: Rumination, Contemplation and Observation

Post-Christmas vacation courts have resumed complete “Virtual Court System” occasioned due to sudden explosion of Covid cases in the country, commonly known as the “third wave” of the pandemic. Though, we were expecting courts to become regularised after Christmas holidays however, this overly contagious “third wave” necessitated this fallback.

This resumption made me realize that despite having been attending virtual courts for almost two years now, I have not yet been able to embrace this new system, notwithstanding the said advantages of it being, inter alia, convenient and a time saving affair. Thus, I got consumed by curiosity and a desire to understand this phenomenon that whether this is solely attributable to the human psychology to resist changes or there is something in addition resulting in this blatant lack of acceptance.

A little of contemplation and rumination revealed that apart from the otherwise conspicuous technological and infrastructural limitations inevitable in the “Virtual Court System”, there are a few other drawbacks which is inherent in this system and this article is the product of such rumination. Also, in the process, I realized some rumination is natural and even necessary though they may seem to make the life harder.

 

Virtual Hearing, Theatrics, Anatomy of the Court and Loss of the 'Human Touch'

Those who are aware of the anatomy of the court must be knowing that it is more like a theatrical presentation. Usually there are two parties involved in a case with their sides  clearly demarcated and the hon’ble judge or the judges are positioned right in the middle at an elevated position. Virtual courts take these theatrics out of the system and make advocacy much more mechanical, monotonous, dry and insipid. Also, in the aforesaid set up of physical courts, counsels can better understand the mood of the judges and therefore run a better chance to convince them, as compared to Virtual Courts.

Further, this set up has also got a significance from Judge's perspective, more so, body language and spacing since it helps judges to attribute credibility to the arguments put forth before them. 

 

Virtual Hearing and Privileged Communication

During the course of hearing, at times there are certain questions which judges ask a counsel and before answering them, the counsel may would like to seek instructions from the client by whispering into his/her ear, who in the physical set up stands right beside the counsel on most of the occasions. However, virtual courts make it difficult or almost impossible for attorneys and clients to engage in such privileged communication.

 

Virtual Hearing and Gestural Communication Constraints

With a little or no variation researches reveal that roughly 90% of our communication is non-verbal and more than 50% accounts for gestural communication. According to Dr. Carol Kisney Goman, a body language expert, “Gesturing can help people form clearer thoughts, speak in tighter sentences and use more declarative language.”

Thus, body language and facial expressions can have an incredible impact on how information is interpreted. But, unfortunately indeed, in virtual courts gestural movement is restricted, which makes its difficult to communicate effectively. 

Also again, since most of the aforesaid is missing in a virtual court, it becomes much more demanding for the judges to decide solely on the basis of spoken words, bereft of most of these elements of non-verbal communications.

 

Virtual Hearing, Client and fees

In Virtual Hearings, at times it becomes difficult to charge professional fees for the services rendered since, clients get the impression that arguing through Video Conferencing while sitting at homes/offices results in a little or no service rendered. Fees negotiation with clients thus becomes unduly onerous in such cases.

 

Virtual Hearing and Transformation Stage

Though digitisation of case documents has been started with full vigour under Justice D.Y. Chandrachud led Supreme Court’s e-committee, but it is still in its nascent stage vis-à-vis Indian Judicial system. Thus, in this stage of transformation it becomes really difficult to argue cases virtually using soft copies of documents. It also becomes difficult for judges to properly appreciate evidences, exhibits, annexures etc. in this system of hearing.

 

Other drawbacks

Virtual Hearing and Witness Credibility 

It cannot be gainsaid that how important it is to see a witness in person and to observe his/her reaction upon questioning. It is often said that a classic way of observing the credibility of a witness is to watch their hands which is not possible in a virtual court. Such small things have great significance, the absence of which makes it much more challenging to determine the credibility of a witness.

Likewise, in virtual courts there is also likelihood of witness tampering since, it is nearly impossible to find out if a witness is being tutored through text messages or any such unscrupulous means.

Further, accused in virtual courts are oftentimes in jails, the environment of which is not at all conducive to depose anything. Thus, it is a violation of Principles of Natural Justice since, it makes the trial devoid of fairness and biasedness as required under criminal jurisprudence.

 

Virtual Hearing and Open Court Principle

Concept of Open Court Principle is envisaged in the Constitution of India under Article 145(4) read with Section 327 of the Code of Criminal Procedure and 1973 and Section 153B of the Code of Civil Procedure, 1908 which simply means that the court proceedings should be open and accessible to the public and to the media.

Few law experts believe that Virtual hearings stand in violation of this concept of open court principle and the same should not be compromised with at any cost while other experts believe that in this era of heavy reliance on technology, Virtual Court Rooms cannot be said to be "antithetical" to the open court system in any manner. The hon'ble Supreme Court also had issued a press release stating that, "Virtual Courts Not Antithetical to Open Court System". Be that as it may, as a matter of discourse, this is highly debatable.

 

Thus, from the foregoing discussion and in my considered view, virtual courts may be the need of the hour and has undoubtedly served justice in these difficult times, but it can be no absolute alternate to the physical court system, which was prevalent prior to the era of Covid Pandemic.

 

©Both the text and the photographs are protected works of the author Bibhuti Bhushan Mishra. They can not be published, reproduced, adapted or otherwise dealt with without the prior permission of the author.