Transcribing Court Proceedings with AI Technology: An Analysis

The Supreme Court of India has recently come up with the decision to make use of AI-powered natural language processing technologies in transcribing court proceedings. The idea is to capture what people inside the court were speaking and convert it from speech to text.

This intelligent automation will speed up the process of creating transcripts that are later made available to various stakeholders such as lawyers, parties involved in the concerned case, etc. Quicker access to transcripts will benefit lawyers, especially during multi-day hearings. This AI solution, named – Technology Enabled Resolution (“TERES”), developed by Bangalore-based Nomology Technology Private Limited, was already being used for transcribing arbitration matters and has proved its value because specialist transcribers often had to be hired from abroad, adding significantly to the overall cost borne by the parties.

With AI already permeating much of human society, it was only a matter of time before the judiciary also adopted it in the sphere of litigation. Nonetheless, the decision to move ahead with the experiment is laudable and especially so in light of the apex court’s recent decision allowing live-streaming of certain hearings (i.e., of only those hearings that relate to the interpretation of our constitution and where the bench comprises five or more judges).

These two steps will force all stakeholders in our legal ecosystem to change their mindsets, ways of working, and in-court behaviour. Over time, one hopes that such changes will collectively yield various benefits some of which are listed below:

  • Improved justice delivery system (based on better arguments and more efficient access to and assessment of evidence).
  • Reduced pendency of cases (based on faster disposal of matters as well as a decline in the tendency to approach courts for frivolous matters).
  • Easier and cost-effective access to legal recourse for larger sections of our society.
  • Minimised use of time-wasting tactics (e.g., needless adjournments).
  • Higher standards of courtcraft and a better understanding of the context in which certain comments are made by the bench or the bar.
  • Better recordkeeping.
  • More accountability.
  • Enhance learning for newer generations of lawyers.

For years, the government has sought to make India a preferred centre for international arbitration and mediation. Progress on the ground has however been slow. The wider use of modern technologies may prove to be a catalyst in this regard. This can also be a boost to improve the ease of doing business in India, especially at a time when, for various geopolitical and economic reasons, foreign direct investment is on the rise. At the same time, the burgeoning start-up scenario in India is attracting significant private equity and venture capital. A lot of intellectual property is being created in India and needs to be suitably protected. Especially because much of it has to do with emerging areas that are critical to the future of our country and indeed, the world.

To be sure, there will still be various practical challenges that need to be ironed out. As pointed out by the Hon’ble Chief Justice of India, Dhananjaya Y Chandrachud, multiple voices at the same time may well confuse the AI tool and hinder accurate transcription. Different accents and loudness of voices may also potentially complicate matters. Also, unless the entire judiciary (across all courts) adopts such technologies, the benefits will be limited. Such widespread adoption may still be derailed by objections from various quarters.

Therefore, it is too early to conclude with any level of certainty that the above-mentioned benefits (and possibly, others) will indeed be realized, and if yes, how long it will take. However, the Supreme Court’s decision to use technologies to usher in greater levels of efficiency and transparency is a clear signal of intent. As the old saying so presciently reminds us, even a journey of a thousand miles begins with the first step. That step has been taken.

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Photo by Tara Winstead: https://www.pexels.com/photo/clear-mannequin-on-dark-blue-background-8386365/

For years, the government has sought to make India a preferred centre for international arbitration and mediation. Progress on the ground has however been slow. The wider use of modern technologies may prove to be a catalyst in this regard. This can also be a boost to improve the ease of doing business in India, especially at a time when, for various geopolitical and economic reasons, foreign direct investment is on the rise. At the same time, the burgeoning start-up scenario in India is attracting significant private equity and venture capital. A lot of intellectual property is being created in India and needs to be suitably protected. Especially because much of it has to do with emerging areas that are critical to the future of our country and indeed, the world.

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Turning a Corner With Live Streaming of Constitutional Matters

On September 27, 2022, India’s Supreme Court began to live-stream hearings of all matters taken up by its constitutional benches, making them fully accessible to the public in real-time. This follows a decision that was first taken in September 2018. Although the pandemic caused a delay in the implementation of this decision, it is noteworthy that this decision reportedly had the support of all judges (including CJIs). This speaks to the judiciary’s willingness to adapt to change and play its role in strengthening India’s democratic traditions and enhancing the efficiency of its justice delivery system, which bears a disproportionately huge burden given India’s demography.

By and large, courtroom proceedings around the world are not permitted to be legally recorded, let alone broadcast. This decision by India’s highest court of law makes us one of the few countries (if not the only one) where certain types of hearings are now open to audiences worldwide. I believe this is a good move that has a number of benefits, although given the increasingly digital world we live in, there are also some downside risks.

Benefits

A key malaise that has long beset India’s justice delivery system is the tendency of lawyers of one or both parties to seek frequent adjournments as a matter of routine strategy. While this may be legitimate in some cases (e.g., awaiting evidence, unavailability of witnesses, etc.), it is also blatantly used as a tactic to cover for lack of preparation, to buy time, or simply delay justice delivery. Not for nothing has the Indian judiciary been accused of abetting “taareekh pe taareekh” (moving from one date of hearing to another with no substantive progress towards a verdict).

Allowing the public to view proceedings will help ordinary citizens understand the process better, and thus build more confidence in the judiciary. With the performance and reputations of at least some advocates under public glare, we can expect that they will be better prepared to argue matters. Advocates on Record (AOR) will expect to be fully briefed in time, forcing lawyers advising the parties to do their homework thoroughly. All this will hopefully contribute to reducing the pendency of cases because neither party (or their lawyers) will want to be seen as the ones responsible for delaying justice delivery.

The decision to live-stream matters being heard by constitutional benches will have other benefits as well. Many clients who are part of multi-party matters, class action suits or public interest litigations don’t always get updated with accurate information about what transpired. Livestreaming provides access to clients who are not in a position to physically attend the hearing; they can issue new instructions to their lawyers if necessary. This is important because matters that are typically heard by constitutional benches are those that have far-reaching implications for Indian society and the country.

Law students and young professionals at the start of their careers can learn courtcraft by watching experienced advocates/senior advocates and judges in action (how they question advocates to identify irrelevant arguments, time-wasting tactics, etc.). This will be of particular advantage to aspiring lawyers from outside the National Capital Region, for whom traveling to Delhi or interning with Supreme Court advocates is not affordable or otherwise possible.

The Down-sides

However, in the increasingly digital world we live in, such live-streaming also has some potential risks. Social media can be misused to post partial or incorrect information, and this can trigger law and order risks. Social media may be used by vested interests to malign advocates or members of the judiciary, which can vitiate not just the proceedings, but also public perception. There is also the risk of hackers, who can disrupt the streaming in various ways.

Open dialogue, transparency and fairness are basic tenets of a healthy democracy. This major step taken by India’s Supreme Court has the potential to improve India by enhancing the citizenry’s understanding of and appreciation for the rule of law. It can also raise the standards of the next generation of lawyers. Constitutional benches take up weighty matters of national importance, so I hope this step toward ushering in greater transparency will help fill the dangerous cracks that have emerged in our pluralistic country’s social fabric over the last 75 years.

By and large, courtroom proceedings around the world are not permitted to be legally recorded, let alone broadcast. This decision by India’s highest court of law makes us one of the few countries (if not the only one) where certain types of hearings are now open to audiences worldwide.

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