Live Streaming of the Judicial Proceedings
What is live streaming | · Judicial proceedings are webcasted live either in the website of supreme court or a third party platform like youtube. |
Right to access justice is Right to life | · The right to access justice, guaranteed under Article 21 of the Constitution, encompasses the right to access live court proceedings. |
Steps towards digitization | 1. In 2018, the Supreme Court delivered a landmark judgment in the Swapnil Tripathi vs Supreme Court of India case, permitting live-streaming of court proceedings. The judgment emphasised the need for transparency and access to justice, suggesting that live-streaming could help demystify the judicial process for the public.
2. Virtual hearing began during the covid 19 in 2020 in the supreme court 3. The Gujarat HC in July 2021 became the first court in the country to livestream its proceedings. 4. Three separate Constitution Bench proceedings in the Supreme Court were simultaneously beamed live through YouTube on 2022, September 7th . it is the first case of constitutional importance. 5. In 2024 the supreme court has begun the live streaming of the NEET – UG case which is a case of national importance. |
Types of cases to be live streamed | The court identified two types of cases to be live-streamed:
1. Matters of constitutional importance 2. Matters of national importance. |
Cases excluded from live streaming | 1. Matrimonial matters
2. Sexual assault cases 3. Cases involving minors. 4. Cases of child adoption 5. Matters involving the national security. |
Advantages of live streaming | Live streaming of court proceedings in India has many benefits, including:
1. Easy access to justice to the citizens, journalists, civil society, academicians, and law students. 2. Transparency in the court proceedings. 3. Improves the accountability of the judiciary. 4. Helps to build public confidence in the judiciary 5. Lawyers prepare better for court and be more mindful of their conduct. 6. Reduces travel costs 7. Inspiration for law students 8. Motivation for legal researchers 9. Level playing field for younger members of legal profession. |
Issues | 1. Privacy concerns: Live streaming can expose the personal information of victims and defendants, especially in sensitive cases like rape and divorce.
2. Infrastructure and technical limitations: Courts may not have the necessary infrastructure or technical capabilities to support live streaming. 3. Lack of uniform policy: There is no uniform policy or platform for live streaming court proceedings in India. 4. Disinformation and sensationalism: There is a risk that content from live streams could be used to spread disinformation and sensationalism. 5. Premature judgments: The public and media may make hasty judgments based on snippets of information, which could negatively impact the fairness of the proceedings. 6. Intimidation of witnesses and jurors: Witnesses and jurors may feel intimidated by the knowledge that their testimony is being broadcast in real time. 7. Internet connectivity: Internet connectivity issues can be a major problem for live streaming. 8. Awareness and training: Judges, court staff, and lawyers may not be well-versed with digital technology and its benefits |
Conclusion | Live streaming of judicial proceedings in India is a positive step towards transparency, but it requires careful consideration of technical, privacy, and security concerns. |