Mumbai: The Bombay High Court recently voiced its concern over the impact of modern technology on the human beings. The HC has said that in today’s “digital era” the rights of citizens must be not be ignored.
A division bench of Justice Anoop Mohta and Justice Bharati Dangre said, “Every citizen has legal and fundamental rights
which are required to be protected and in a digital world the said rights cannot be lost sight of but the same are to be protected by providing alternative and effective solutions.”
The judges were hearing a writ petition filed by Shapoorji Pallonji company seeking a direction against the MHADA. The company had participated in the tendering process and had submitted its bids as invited by the Maharashtra government and also the MHADA, online.
According to the company, it had complied with all the conditions for the bidding process however even before it could submit it, some technical error occured and its bid, though submitted, was not considered.
The judges heard the company’s plea at length and noted that the company was not treated fairly since it was not the firm’s mistake.
The judges said, “Into the modern technology/web system and in the process of tender it is very much necessary to ensure that the bidders are not shunted out of the procedure only on account of any technical glitch and technology needs to be developed in a manner to cater to their needs without causing any delay in the scheduled time. We also makes it clear that we are inclined to grant relief to the petitioners (Company), considering ‘public interest and the fact that their bid is already sealed after their uploading and no changes are possible now, and we treat this as sealed packets submitted within date and time as per tender
The judges also voiced their concern over the rising dependency of humans on technology.
The judges said, “The impact of technology in our life today, is unimaginable. We use technology every day and it has saved us of time and efforts. Introduction of the etendering system has made the cumbersome process of tenders simple, faster and also free from unnecessary human intervention. However, in such a situation, the question is whether the use of the technology has offered solutions or it has created issues. The increased dependency on modern technology has reduced our creativity and human being is dependent upon the said technology which undisputedly is an useful servant but a dangerous master.”
“In words of Albert Einstein ‘human spirit must prevail over technology’. We observe that uncertainty prevails in certain areas and no technology can make the system full proof and as such a situation where the technology can err, we cannot completely exclude the element of human intervention in exceptional circumstances. Ultimately, it is the human being who control the technology and when it errs, it is for the human being to rectify it,” the judges added.