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Perennial Disaster - Floods

• The Brahmaputra Valley, located in Northeast India, experiences severe floods almost every year, causing widespread death and destruction. This year, before the monsoon season even began in Assam, relentless rainfall has already caused significant damage, submerging much of the region, destroying crops, and displacing large numbers of people.
• The Brahmaputra River is vital to the Kaziranga National Park, as it borders the park on one side. However, in recent years, the destruction caused by flooding has increased considerably. In this article, we will explore the reasons behind the annual flooding in this region and examine the factors contributing to the increasing devastation.

What do We Mean by Flood?

• Flash Floods: These floods result from heavy and rapid rainfall, causing water levels to rise swiftly.
• River Floods: These occur when a river overflows its banks due to persistent rain or melting snow, exceeding its capacity.
• Coastal Floods: These floods are caused by storm surges linked to tropical cyclones and tsunamis, resulting in water levels rising along coastlines.

From 1998 to 2017, floods have impacted 2 billion people globally.

Why Assam Gets Flooded Every Year?

• The Brahmaputra River, originating from the Himalayas, plays a significant role in the recurring flood problem in Assam, a state situated at the foot of the Himalayas. The state consists of two valleys, Brahmaputra and Barak, named after their respective rivers. The Brahmaputra River flows through Assam for approximately 650 km with an average width of 5.46 km. As it descends from the high elevation of the Kailash range to the lower elevation of Assam, the river accumulates a large amount of sediment. This sedimentation increases during the summer months when glaciers melt and soil erodes, causing the riverbed to rise and increasing the likelihood of flooding.
• In addition to the Brahmaputra factor, the intense monsoon season in the Northeast contributes to the flooding problem. The State Disaster Management Authority reports that Assam receives an average annual rainfall of around 2,900 mm, with the majority of precipitation occurring during June and July. The Water Resources Ministry of Assam also states that 85% of the annual rainfall in the Brahmaputra basin takes place during the monsoon months, with additional heavy rainfall in April and May due to thunderstorms. This leads to soil saturation and flooding during heavy rain in June.
• Riverbank erosion is another significant factor contributing to flooding in Assam. As sediment-laden rivers and their tributaries move through the state, they erode soil from the banks, causing the rivers to expand and flood surrounding areas. This erosion has led to internal displacement of people and the disappearance of villages, as well as an increase in the width of the Brahmaputra River in some areas of Assam.
• Human intervention has also exacerbated the flooding issue. The construction of embankments, which began in the 1960s to control floods, has become an added challenge over time. Many embankments have either outlived their usefulness or are in poor condition, leading to river water breaching these barriers and inundating homes and land. Additionally, the construction of embankments has led to encroachment of riverbanks, with more people building homes and establishments close to the river. Over the past six decades, successive governments in Assam have spent nearly Rs 30,000 crore on building embankments.
• The population boom in Assam has also put increased pressure on the state's ecology. The population density of the Brahmaputra Valley has increased significantly since the 1940s, according to a report by the Brahmaputra Board. This increase in population has led to greater demand for resources and land, further contributing to the flood problem in the state.
• Other factors contributing to the flood issue include deforestation, hill cutting, encroachments, destruction of wetlands, lack of drainage systems, unplanned urban growth, and the construction of dams, hydro projects, and irrigation projects. Climate change is also expected to worsen the flood situation, with a state government report predicting a 38% increase in extreme rainfall events. This increase in heavy rainfall, combined with the melting of glaciers due to rising temperatures, will result in rivers carrying more water and sediment, increasing the likelihood of flash floods in low-lying areas.

How Floods Affect Assam Adversely?

• Kaziranga National Park in India has experienced severe flooding, with over 15% of the park inundated by the Brahmaputra River, leading to the deaths of at least five animals, including a leopard. While excessive water can be beneficial to the park by replenishing water bodies, maintaining the landscape, providing a breeding ground for fish, and removing unwanted plants, frequent large floods are causing issues for the park.
• Animals seeking safety from floods must cross NH-37, a highway that cuts through the park, resulting in road accidents and deaths. Poachers also exploit the animals' vulnerability during this time. Additionally, human-animal conflict arises as animals move towards villages to escape the floods.
• Infrastructure is heavily impacted by the flooding, with train services disrupted, roads and bridges damaged, and electricity supplies affected in many districts. Power stations, often located near rivers, suffer due to the floods. Transport is limited to boats, which charge high fees to compensate for their inability to fish or ferry people.
• The floods have devastated local communities, inundating over 5,000 villages and croplands and causing landslides in several districts. The Brahmaputra River has breached its embankments due to heavy rainfall, disrupting normal life. According to the Assam State Disaster Management Authority (ASDMA), approximately 60,000 animals have been washed away and around 36 lakh have been affected by the floods.

What Measures Can be Taken in Future Flood Events?

• Enhancing Communication of Information: To improve preparedness and alert residents, it is essential to ensure that credible information is readily available. Experts suggest that the region needs more institutionalized and technologically advanced systems to provide fast and reliable warning systems.
• Safeguarding Kaziranga: Efforts should be focused on securing animal corridors and guaranteeing safe passage to the Karbi hills. A landscape-scale conservation approach that recognizes the value of the Karbi Anglong hills is necessary. The highlands of Karbi Anglong serve as a critical refuge for wildlife during floods.
• Building Sluice Gates: Constructing sluice gates on tributaries of the Brahmaputra and other rivers, such as the Barak, could be an effective measure. Sluice gates are designed to seal in one direction and are commonly used to regulate water levels and flow rates in rivers and canals. They are also employed in wastewater treatment plants.
• Implementing Additional Measures: Establishing a Centre for Disaster Management in Assam could help conduct studies and effectively implement flood control measures.

Death Behind Bars

• India has a troubling history of police brutality and violence in custody. From 2001 to 2018, 1,727 individuals died while in police custody, but only 26 officers were convicted for their involvement in these deaths.
• Despite significant investments in time and money to train police personnel in scientific investigation techniques, custodial deaths remain a prevalent issue. This can be attributed to the diverse backgrounds and perspectives of police officers, who are ultimately human beings prone to biases and errors.
• To better comprehend the problem of custodial deaths in India, it is essential to examine the underlying factors that contribute to this ongoing issue.

What do We Mean by Custodial Deaths?

• Custodial deaths in India encompass the fatalities of individuals who are in police custody as well as those who are in judicial custody, either undergoing trial or serving a sentence. 
• These deaths can occur due to various factors, including torture, excessive force, or other mistreatment by law enforcement officials. 
• When the police become frustrated during their interrogation process, they may resort to violent tactics, which could potentially lead to the demise of the suspect. Such incidents involve instances of abuse, inhumane treatment, or even fatalities while under the supervision of law enforcement or within prison facilities.

What has been the Status of Custodial Deaths in India?

• Over the past 20 years, there have been 1,888 reported cases of custodial deaths in India, according to data from the National Crime Records Bureau (NCRB). 
• Despite 893 cases being registered against police personnel and 358 officers being charge-sheeted, only 26 policemen have been convicted during this period. 
• The only states where police officers were convicted for custodial deaths were Uttar Pradesh, Madhya Pradesh, Chhattisgarh, and Odisha.
• In addition to custodial deaths, there have been over 2,000 recorded cases of human rights violations by the police between 2000 and 2018. However, only 344 police officers have been convicted in relation to these violations.

What could be the Possible Reasons for Custodial Deaths?

• Lack of Effective Legislation: India currently does not have any specific anti-torture legislation in place, which means custodial violence has not been criminalized. As a result, legal action against officials responsible for such acts is often not pursued.
• Institutional Obstacles: The prison system in India is inherently non-transparent, making it difficult to ensure accountability and reform. Despite the need for prison reforms, the jails in India continue to face issues such as poor conditions, overcrowding, severe staff shortages, and a lack of safety measures for inmates.
• Use of Excessive Force: Indian authorities often resort to the use of excessive force, including torture, to target marginalized communities and suppress people who participate in movements or promote ideologies that the state perceives as threats to its stability.
• Lengthy and Expensive Legal Processes: The judicial process in India is often lengthy and costly, which discourages the poor and vulnerable from seeking justice through the courts.
• Non-Compliance with International Standards: India signed the United Nations Convention against Torture in 1997 but has yet to ratify it. While signing the convention indicates the country's intention to uphold the obligations outlined in the treaty, ratification requires the implementation of laws and mechanisms to fulfill those commitments.

What are the Provisions Available Regarding Custody?

• Article 21 of the Indian Constitution states that "No person shall be deprived of his life or personal liberty except according to the procedure established by law." This article enshrines the protection from torture as a fundamental right under the Right to Life provision.
• Article 22, on the other hand, provides "Protection against arrest and detention in certain cases." The right to counsel is also a fundamental right under Article 22(1) of the Indian Constitution.

Legal Provisions:

• The Criminal Procedure Code (CrPC) contains provisions to safeguard individuals from arbitrary arrests and detentions. Section 41 of the CrPC was amended in 2009 to ensure that arrests and detentions for interrogation have reasonable grounds, documented procedures, transparency for family, friends, and the public, as well as protection through legal representation.

The Mathura Case of 1972:

• The Mathura rape case was a custodial rape incident that occurred in India on March 26, 1972, in which Mathura, a young tribal girl, was allegedly raped by two policemen at the Desaiganj Police Station compound in Gadchiroli district, Maharashtra. This case prompted the Indian government to amend its rape laws. In 1983, a new category was added to criminal laws dealing with rape, which mandated that a court presume a woman who claims she did not consent to sexual intercourse is telling the truth.
• As a result of the Mathura case, in-camera rape trials were introduced as closed proceedings, and a ban on identifying victims by their real names was implemented. The amendment also defined custodial rape and shifted the burden of proof from the accuser to the accused. Furthermore, it stipulated that women cannot be called to the police station before sunrise and after sunset.

What is the Role of Technology in Custodial Interrogation?

• Brain Fingerprint System (BFS) is a lie-detection technique that measures an individual's brain waves to determine if they are being truthful while answering questions. This method assists investigative agencies in solving complex cases.
• Police departments are also increasingly using robots for surveillance and bomb detection. Many experts believe that robots can match or even surpass human interrogators in their capabilities. Suspects may be more willing to engage with automated conversation partners than with police officers. Robots equipped with artificial intelligence (AI) and sensor technology can establish a rapport with suspects, employ persuasive techniques such as flattery, shame, and coercion, and strategically use body language.
• The University of Arizona has developed an automated interrogation technology called The Automated Virtual Agent for Truth Assessments in Real-Time (AVATAR). This system uses various sensors, including visual, auditory, and near-infrared, to analyze a suspect's eye movements, voice, and other characteristics during an interaction.
• Moreover, AI and machine learning (ML) technologies are emerging as useful tools for interrogations. AI can detect human emotions and predict behavior, while ML can alert supervisors in real-time when police are subjecting suspects to inhumane treatment.
• However, there are concerns related to the use of these technologies. Potential risks include bias, the danger of automated interrogation strategies, the possibility of machine learning algorithms targeting specific individuals and communities, and the potential misuse of technology for surveillance. Although the tools available to police and law enforcement agencies are continually improving, they remain limited and cannot entirely eliminate custodial deaths.

What should be Our Approach Moving Forward?

• The ratification would require a comprehensive review of existing colonial rules, methods, practices, and arrangements concerning the treatment and custody of individuals subjected to arrest, detention, or imprisonment. This would help modernize and improve the current system.
• Ratification would lead to the establishment of exclusive mechanisms for victims to seek redress and compensation, as well as the creation of institutions such as the Board of Visitors.

In addition to ratifying the convention, other steps should be taken to prevent torture and improve the treatment of detainees:

• Police Reforms: Guidelines should be developed to educate and train officials involved in cases of deprivation of liberty. This would help senior police officers better understand the severity of these issues and facilitate a shift away from current practices.
• Access to Prisons: Independent and qualified individuals should be allowed unrestricted and regular access to detention facilities for inspection purposes. CCTV cameras should be installed in police stations, including interrogation rooms. Surprise inspections by Non-Official Visitors (NOVs) should be mandatory, as suggested by the Supreme Court in the Shri Dilip K. Basu Case in 2015.
• Implementation of the Law Commission of India's 273rd Report: The report recommends that those accused of custodial torture (including police, military, and paramilitary personnel) should face criminal prosecution rather than mere administrative action, thus establishing an effective deterrent.
• Other Measures: A multi-pronged strategy should be formulated by decision-makers, encompassing legal enactments, technology, accountability, training, and community relations. To keep police excesses in check, information about the constitutional right to legal aid and the availability of free legal aid services should be disseminated. Display boards and outdoor hoardings in every police station/prison can help in this regard.
• Ensuring Access to Justice: If India wishes to remain a society governed by the rule of law, the judiciary must work to bridge the gap in access to justice between the highly privileged and the most vulnerable. Access to justice in India should not be just an aspirational goal but a practical reality, with the judiciary working closely with various government agencies to make it so.

Plastic-Waste Management

• Plastic pollution has emerged as one of the most critical environmental challenges we face today. With India generating approximately 3.5 million tonnes of plastic waste per year, it has become essential to address this issue.
• The various types of waste, including municipal solid waste, plastic waste, and automobile waste, are expected to triple by 2025. Unfortunately, less than 10% of plastic is currently being recycled. This significant leakage in plastic waste management calls for urgent action to implement effective solutions across the country.
• To address the problems associated with plastic waste and develop appropriate solutions, it is essential to understand the issues and challenges involved in plastic waste management.

What is the Significance of Plastic?

• Durable, unreactive, and lightweight, plastic provides numerous advantages to businesses, consumers, and other aspects of society due to its cost-effective and adaptable nature.
• In the medical field, plastics play a crucial role in maintaining sterility. Items such as syringes and surgical tools are made of plastic and intended for single use.
• Within the automotive industry, the use of plastic has greatly contributed to the significant reduction in vehicle weight, leading to lower fuel consumption and a decreased environmental impact of cars.
• In terms of safety, plastics are utilized in the creation of helmets to protect our heads. Additionally, they contribute to automotive safety through components like seatbelts, fuel tanks, windshields, and airbags.

Where does the Real Problem Lie?

• Single-use plastics are predominantly made from fossil fuels like crude oil, gas, or coal. Shockingly, 40% of the total plastic produced is thrown away after being used just once. Our dependency on plastic is short-lived, as many of these items, such as plastic bags and food packaging, have a usage life of only a few minutes to hours. However, they can remain in the environment for centuries.
• As plastic waste is exposed to the elements, such as the sun, sea, wind, and waves, it breaks down into tiny particles known as microplastics. These particles, often less than one-fifth of an inch in size, are dispersed throughout the water and have been detected in every corner of the planet. Furthermore, microplastics continue to break down into even smaller pieces, producing plastic microfibers. These fibers have been discovered in municipal water systems and floating through the air.
• Unfortunately, there is a lack of strict adherence to plastic waste management worldwide. Approximately one-fourth of plastic waste is never collected. In countries with fewer resources, waste plastic is sometimes burned in the open, emitting toxic chemicals into the atmosphere.

What are the Issues Associated with Plastic-Waste in India?

• Increasing Plastic Waste Per Person: India, like many other countries, is grappling with the challenge of managing its growing volumes of plastic waste, which is now a common component in various everyday items such as toothbrushes and debit cards. Over 10,000 tons of plastic waste goes uncollected daily in the country.
• The Problem with Unsustainable Packaging: India's packaging industry is the largest consumer of plastics in the country. A 2020 study on packaging in India estimated a loss of nearly $133 billion in plastic material value over the next ten years due to the use of unsustainable packaging. This type of packaging typically involves single-use plastics.
• Rise in Online Delivery: The surge in online retail and food delivery platforms, mainly in large cities, has contributed to the increase in plastic waste. India's top online delivery startups, Swiggy and Zomato, are each said to deliver approximately 28 million orders per month. E-commerce companies have also been criticized for their excessive use of plastic packaging.
• Disruption of the Food Chain: Plastic pollution can negatively affect the smallest organisms in the world, such as plankton. When these organisms ingest plastic, they become poisoned, which in turn causes problems for larger animals that rely on them for sustenance. Larger plastic items like bags and straws can choke and starve marine life, while smaller fragments (microplastics) can damage the liver, reproductive, and gastrointestinal systems of animals, potentially harming the blue economy as well.
• Effects on Human Health: In 2018, the World Health Organization revealed alarming findings that showed microplastics present in 90% of bottled water. Additionally, humans are exposed to plastic through synthetic clothing, which comprises 70% of our garments and is harmful to the skin. Moreover, we also inhale plastic particles when waste is burned in open-air locations. Plastic toxicity in humans can disrupt hormones and result in adverse reproductive and birth outcomes.

How is India Addressing the concerns regarding Plastic-Waste?

• Plastic Waste Management Amendment Rules, 2022: These new rules, effective from July 1, 2022, ban the manufacture, import, stocking, distribution, sale, and use of several single-use plastic items. Additionally, the rules mandate Extended Producer Responsibility (EPR), which requires manufacturers to take responsibility for collecting and processing their products once they have reached the end of their life cycle, promoting a circular economy.
• India Plastics Pact: This groundbreaking initiative is the first of its kind in Asia, bringing together stakeholders from various sectors to collaborate on reducing, reusing, and recycling plastics within the material's value chain.
• Mascot 'Prakriti': This mascot was created to raise awareness among the general public about the small, sustainable changes they can make in their daily lives to promote a healthier environment.
• Project REPLAN: Launched by the Khadi and Village Industries Commission (KVIC), Project REPLAN (REducing PLastic in Nature) aims to decrease the consumption of plastic bags by providing a more environmentally-friendly alternative.

In summary, India has taken several significant steps to raise awareness and tackle the issue of single-use plastics and plastic waste management. These initiatives include a nationwide campaign, mobile app, new regulations, collaborative efforts, and the promotion of sustainable alternatives.

What are the Effective Solutions to Plastic-Waste Management?

• Identifying Hotspots: To address the plastic problem effectively, it is crucial to identify key hotspots of plastic leakage associated with production, consumption, and disposal. By pinpointing these hotspots, governments can develop targeted policies that directly tackle the issue.
• Designing Alternatives: One of the first steps in reducing plastic waste is identifying plastic items that can be replaced with non-plastic, recyclable, or biodegradable materials. Collaborating with product designers can help develop alternatives to single-use plastics and create reusable goods. Additionally, promoting the use of oxo-biodegradable plastics, which break down more quickly under heat and ultraviolet radiation, can help reduce plastic waste.
• Breaking Down Plastic Waste: As plastic has become deeply ingrained in our ecosystem, certain bacteria have evolved to digest it. For example, plastic-eating bacteria discovered in Japan can be cultivated and modified to break down polyester plastics commonly found in food packaging and plastic bottles.
• Recycling through Technologies and Innovation: Recognizing waste as a valuable resource, especially plastic, can encourage recycling and create a value chain for waste management. For example, Thiagarajar College of Engineering in Madurai has patented a method for manufacturing tiles and blocks from waste plastic. These tiles can withstand heavy loads and be used as construction materials.
• Promoting a Plastic-free Workplace: Catering operations should be prohibited from using single-use plastics. Replacing all single-use items with reusable alternatives or more sustainable single-use options can help encourage employees and clients to improve their consumption habits.
• Circular Economy for Plastic Management: Implementing a circular economy can help reduce material use, redesign materials to be less resource-intensive, and recapture waste as a valuable resource for manufacturing new materials and products. This approach can significantly contribute to achieving sustainable development goals and is applicable not only to plastic and clothing industries but also to various other sectors.
• Multi-stakeholder Collaboration: Effective plastic waste management requires cooperation among various stakeholders, including government ministries at national and local levels, industrial firms, non-governmental organizations, and volunteer groups. By working together, these stakeholders can develop, implement, and oversee comprehensive policies to address the plastic waste problem.

Online Dispute Resolution (ODR)

• Implementing recommendations in the report can position India as a global leader in technology and innovation
• Focus on Online Dispute Resolution (ODR) to enhance access to justice for everyone
• Report created based on suggestions from a committee led by Justice AK Sikri
• Committee was formed by NITI Aayog during the height of the COVID crisis in 2020

What is Online Dispute Resolution (ODR)?

• Online Dispute Resolution (ODR) refers to the process of resolving disputes, particularly those of small to medium value, by utilizing digital technology and alternative dispute resolution techniques such as arbitration, conciliation, and mediation. It is more than just incorporating technology into traditional dispute resolution methods; ODR actively uses technology to facilitate the resolution process.
• ODR can be offered as an extension of the public court system or as a separate service outside of it. It is not limited to simply integrating technology for administrative tasks like scheduling sessions, but rather involves actively using technology to help resolve disputes.
• Various technology tools powered by Artificial Intelligence (AI) and Machine Learning (ML) can be employed in ODR, including automated dispute resolution, script-based solutions, and specialized platforms designed for specific types of disputes. This innovative approach to dispute resolution allows for a more efficient and accessible system for resolving conflicts in the digital age.

What are the merits of ODR?

• Transforming Justice Delivery Paradigm: ODR allows courts to be seen as a service rather than a place, making it more accessible, efficient, and focused on outcomes. This can lead to better legal health for the country by promoting dispute resolution, containment, and avoidance.
• Enhancing Legal Health: ODR not only helps resolve disputes but also contains and avoids them, thereby improving the overall legal health of the country.
• Accessibility: ODR eliminates the need for physical courtrooms, making justice more easily accessible to the parties involved. This convenience removes the need for travel and aligning everyone's schedules.
• Reducing Court Backlogs: ODR can handle cases such as motor accident claims, cheque bouncing cases, and personal injury claims, thereby reducing the burden on courts that are already facing large case backlogs.
• Fostering Innovation: Legal technology start-ups have been striving to improve justice delivery systems in India. Collaborations between the private sector and the judiciary have proven successful in resolving disputes, as seen with e-Lok Adalats. The Department of Legal Affairs has recently invited applications from ADR/ODR service providers to be listed on its website, giving recognition and legitimacy to these start-ups.
• Legislative Support: Various legislations provide support for the ADR aspects of ODR (e.g., the Arbitration and Conciliation Act, 1996 or the Code of Civil Procedure, 1908) and the technology aspects of ODR (e.g., the Indian Evidence Act, 1972 and the Information and Technology Act, 2000).
• Crisis Management: ODR has gained momentum across governments, businesses, and judicial processes to overcome constraints imposed by crises such as the Covid-19 pandemic.
• Solving Storage Issues: ODR has replaced document storage as a common problem in Indian courts, thereby resolving storage issues.
• Global Adoption: ODR has been integrated into several jurisdictions, including the US, Canada, Brazil, and the UAE, where governments, judiciaries, and private institutions collaborate to enhance access to justice. In the UK, the CASEMAN system performs tasks like creating initial court records, issuing summons, storing electronic evidence, generating cause-lists, and maintaining court diaries. In Australia, the Federal Court uses the e-Lodgment system for electronic filing and sealing of documents. Canada's Civil Resolution Tribunal (CRT) handles small claims disputes and property issues in British Columbia.

What is the existing Technological interventions in the Indian Judicial System?

• The integration of Information and Communication Technology (ICT) into the Indian judiciary began in 1990 with the National Informatics Centre (NIC) initiating computerization efforts. However, it was not until 2005 that comprehensive steps were taken to incorporate ICT across all levels of the judiciary, from the Tehsils to the Supreme Court, in a phased manner. This led to the development of the 'National Policy and Action Plan for Implementation of Information and Communication Technology in the Indian Judiciary,' which ultimately resulted in the eCourts Mission Mode Project (eCourts Project).
• The eCourts Project has been successful in implementing technology infrastructure and standardized software in District Courts throughout India. Key accomplishments include the establishment of eCourts websites, the creation of the National Judicial Data Grid (NJDG), and the development of a unified Case Information System (CIS). Additionally, the project has introduced litigant-centric services such as electronic cause lists, e-filings, e-payments, and easy access to case status and daily orders, streamlining the judicial process.
• Launched in 2017, the Integrated Case Management System (ICMS) aims to connect the Supreme Court and High Courts across the country, allowing for nationwide e-filing. Several High Courts, including those in Delhi, Punjab, Bombay, Andhra Pradesh, Karnataka, and Allahabad, have already enabled e-filing and electronic presentation of evidence in their commercial divisions.
• To further enhance ICT integration, the Supreme Court has developed the artificial intelligence-powered Supreme Court Vidhik Anuvaad Software (SUVAS). This innovative software can translate judgments, orders, and judicial documents between English and nine vernacular languages (Marathi, Hindi, Kannada, Tamil, Telugu, Punjabi, Gujarati, Malayalam, and Bengali), and vice versa.
• In response to the COVID-19 pandemic, India has organized various e-Lok Adalats across states. The first of these, held by the Chhattisgarh High Court and State Legal Services Authority on July 13, 2020, settled 2,270 cases in one day through video conferencing. This approach has since been replicated in other states, with some State Legal Service Authorities collaborating with ODR service providers to organize e-Lok Adalats.

What are the challenges with ODR?

• Structural challenges, such as inadequate digital literacy and digital infrastructure, pose significant obstacles to implementing online dispute resolution (ODR) in India. Digital infrastructure encompasses access to computers, smartphones, and a stable internet connection with sufficient bandwidth to conduct meaningful hearings. However, only 38% of Indian households are considered digitally literate, according to the Ministry of Electronics and Information Technology.
• Behavioral challenges also exist, including a lack of awareness and trust in ODR, as well as the government's reluctance to adopt this technology. Mistrust in ODR arises from various factors, such as doubts about technology's effectiveness and concerns about the enforceability of ODR outcomes.
• Operational issues, including difficulties in enforcing ODR outcomes, privacy concerns, outdated legal processes, and a scarcity of skilled neutrals, further hinder the adoption of ODR in India. Privacy concerns involve risks such as online impersonation, breaches of confidentiality through unauthorized document sharing, and tampering with digital evidence or awards/agreements delivered electronically.

What measures can be taken to improve Online Dispute Resolution Mechanism?

• Improve access to digital infrastructure: For technology-related innovations, including Online Dispute Resolution (ODR), widespread access to digital infrastructure is essential. This access should not only involve physical access to technology and tools but also include their utilization, which requires digital literacy. Moreover, it is crucial that such access addresses existing gaps caused by class, caste, gender, and age differences, ensuring the inclusion of marginalized individuals.
• Enhance capacity: Increasing the capacity of professionals and service providers is necessary for scaling up ODR in India, in addition to improving access to digital infrastructure for end-users. This can only be achieved through systematic and coordinated engagement of all relevant stakeholders, including the government, businesses, and the judiciary. To accomplish this, it is essential to introduce training programs, strengthen community paralegal services, promote private sector growth, and incorporate ODR in legal education.
• Establish trust in ODR: Building infrastructure and enhancing capacity can lay the foundation for ODR, but mainstream adoption requires increased trust in ODR processes from end-users, businesses, and governments. This trust can only be developed through collaborative and coordinated efforts from all stakeholders, including neutrals, lawyers, ODR/ADR institutions, ODR platforms, the government, and the judiciary. The government has already initiated this process by inviting submissions to recognize ADR and ODR service providers. By providing a list of such providers, the government can offer users a clear description of the services they provide (e.g., e-arbitration, e-mediation) and the sectors they serve. This list can then be shared among government departments and public sector undertakings (PSUs) to help them choose service providers that meet their requirements.
• Implement appropriate regulation for ODR: India has the potential to become a hub for innovation and dynamic development in ODR, given sufficient time and room for growth. As the ecosystem expands with new entrants, there will be a corresponding need to ensure that end-users' rights are protected. However, ODR technology solutions are still in their early stages of development. Therefore, it is crucial that the regulatory model adopted by India protects end-users' rights without stifling innovation due to over-regulation. A light-touch approach to regulation is well-suited for India, particularly during the early stages of growth and innovation in various ODR solutions.