In dealing with a matrimonial matter involving the question whether the evidence of the estranged wife residing in the USA could be recorded via video-conferencing, the Bombay High Court has sent the clarion call that there is a need for us to change our mind-set and embrace technological advancements:
(i) We cannot allow the dead hand of the past to stifle the growth of the living present. Law cannot stand still it must change with the changing social concepts and values. If the bark that protects the tree fails to grow and expand along with the tree, it will either choke the tree or if it is a living tree, it will shed that bark and grow a new living bark for itself;.
(ii) An Attitudal change in Judges is required. We need to train ourselves to understand the pulse of the new generation who is avidly technosavvy. Though it is difficult for the Judges, especially who are in their middle age, to accept and digest the entry of new language and methods of evidence in the established judicial system, it is high time for us to change our mind set and see whether this new technology can help us to increase the speed and also we have to take into account the convenience of the parties as our judicial system is necessarily litigant centric.
(ii) An Attitudal change in Judges is required. We need to train ourselves to understand the pulse of the new generation who is avidly technosavvy. Though it is difficult for the Judges, especially who are in their middle age, to accept and digest the entry of new language and methods of evidence in the established judicial system, it is high time for us to change our mind set and see whether this new technology can help us to increase the speed and also we have to take into account the convenience of the parties as our judicial system is necessarily litigant centric.
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