Live Streaming for SC proceedings

Subject : Polity

Context: History was made on August 26 when the proceedings from the Chief Justice’s Court in the Supreme Court (SC) were live streamed..

Concept :

In the Swapnil Tripathi judgment, in September 2018, the SC had cleared the deck for live streaming of cases of national and constitutional importance.
It held that the live streaming proceedings is part of the right to access justice under Article 21 of the Constitution.

Rationale behind the move

The case for live streaming of SC cases of constitutional/national importance is quite strong.
Such cases impact various aspects of people’s lives.
Therefore, the public’s ability to participate in this conversation by watching these proceedings will increase legal literacy.
It will also potentially enhance the public’s continuous engagement with the Constitution and laws.
Such direct engagement is better than a process mediated through some Delhi-based lawyers or court reporters, especially when inexpensive technology allows such live access.
An argument in favour of live streaming is that it will bring discipline and improve how judges and lawyers conduct the proceedings, as they are aware that the public is watching.

Areas of Concern

The live streaming of the Courts are susceptible to abuses.
It can involve national security concerns and can amount to a violation of the fundamental right to privacy in matrimonial disputes and rape cases.
The unauthorised reproduction of the live streaming videos is another cause for concern as its regulation will be very difficult at the government’s end.
Concerns have also been raised about the commercial aspect of the whole issue. The agreements with broadcasters should be on a non-commercial basis. No one should profit from the arrangement.
Infrastructure, specially internet connectivity is also the biggest challenge in implementing the live proceedings of Courts.

Additional Information:

The e-Courts mission project was conceptualized on the basis of the “National Policy and Action Plan for Implementation of Information and Communication Technology (ICT) in the Indian Judiciary – 2005” submitted by e-Committee, Supreme Court of India with a vision to transform the Indian Judiciary by ICT enablement of Courts.
The e-Courts project, is a Pan-India project, monitored and funded by the Department of Justice, Ministry of Law and Justice, Government of India for the District Courts across the country.