India’s top jurists believe that live streaming of court proceedings will go long way in affirming people’s faith in the judicial system and ensuring transparency in day-to-day happenings in a matter of importance.
With the question of transparency of courts, Senior advocate Indira Jaising has filed a Writ petition demanding live streaming and video recording of cases of national importance. The petitioner seeks a live streaming of Supreme Court cases/proceedings wherein matters of constitutional and national importance impacting the public at large are being heard and decided.After filing petition Ms. Jaising has also started a Change.org Petition with similar demands. Much like her petition before the Supreme Court, her Change.org petition refers to the telecast of proceedings by both Houses of the Parliaments ensuring the transparency in the working of Supreme Court.
Apart from this, Swapnil Tripathi, a student of National Law University in Jodhpur, had filed plea seeking requisite guidelines to facilitate witnessing of the proceedings for interns. Also, NGO Centre for Accountability and Systemic Change, through its lawyer Virag Gupta, had also filed a PIL seeking a direction for video recording of the proceedings of all the courts and make them available to public and parties, subject to regulations.
Petition particularly deals with two important issues – Live streaming and recording of proceedings. It importantly speaks about the Principle of Justice. Ms. Jaising assures that live telecast will increase access to courts reducing chances of any errors or misreporting or any second-hand information. However, the petition also states that the court may place restrictions on such videography in cases involving such interest of privacy. Ms. Jaising further supports her contention by referring to an Article 19 (1) (a) which is fundamental right including “right to seek, receive information including live streaming of Supreme Court proceedings”. She further highlights the fact that in support of the common law principle of “Natural Justice” many international courts already have the facilities of audio-video recording of court proceedings. Further, she also demands the framing of guidelines for determining the cases of national and constitutional importance including directions to the center for putting the necessary infrastructure for the purpose of live streaming. Till that time, she has also requested to put recordings of Cases on YouTube Channel. It was also suggested that in cases of all private matters video must be recorded and the copies are tendered to other parties at their expense.
This move will fulfill different objectives, transparency being the primary among them. The live streaming of proceedings will help increase awareness and transparency in the decision-making process. Also, it will inspire confidence inthe judiciary system.The provision of video recording would enable people to have first-hand information of case proceedings on issues of constitutional importance that affect them directly or indirectly. In case of any dispute regarding the argument, the recording may be shown as everything that takes place in the court will be recorded.
The live telecast of court proceedings will benefit litigants, law students, and the public. Also, this will help next-generation lawyers gain values from arguments and landmark cases.This will help litigants to witness the proceedings live and also evaluate the performance of lawyers. This will also make easier for people living in distant areas rather traveling all the way to Delhi to attend proceedings.
Recording of proceedings will bring huge benefits in preserving the sanctity of the court. This will also help law students who are denied entry on miscellaneous days.
Live streaming will definitely keep a check on lawyers conduct. However, there would be some interruptions such as raised voices of lawyers which might affect the footage, as well as continuous adjournments from the lawyer, would make streaming difficult.Also, the question of privacy comes up in cases related to marriage disputes, crimes against women and national security. Live streaming of such cases like marital disputes and rape cases would make a serious effect on victims. Also, it will affect a natural justice violating the fundamental right of privacy.Attorney General KK Venugopal drew the attention of the bench to the practical risks of non-controllable social media associated with live streaming. Unmanageable media interference in the cases might affect the privacy of apex court.
KK Venugopal also suggested looking into the Economical part of this arrangement.It is also important to keep the streaming and
Agreements of broadcasters strictly non-commercial as no one should earn profits from these arrangements. Also, in the case of live streaming, assuming that the whole nation is watching them might affect the decision of the court as well as the behaviorof an individual. Live streaming of the whole cases would make it difficult on the part of people involved in the case. Comparing Supreme Court with those International courts having live streaming it should be noted that the judiciary width of the Supreme Court and the variety and the volume of the cases that Supreme Court handles it becomesunmanageable to opt for Live streaming. Taking a view of the overall scenario, the government has suggested to the Supreme Court to take it as a Pilot Project for matters of constitutional significance,however, not to take issues which will affect national security, matrimonial disputes or Juveniles. Attorney General KK Venugopal has also submitted his recommendations on Live streaming.The success of this Pilot project will decide whether this should be introduced in Courts or not.In my opinion, looking at the brighter side, the video recording of Supreme Courtproceedings will be beneficial for all the individuals to have the proceedings recorded. However, it is necessary to set the clear guidelines and decisions on the execution of the live streaming. However, the question remains what purpose it would serve to telecast the proceedings live as would not be served by the mere recording of it.
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