Live Streaming of Court Proceedings in India: A Step Towards Strengthening the Access to a Transparent and an Accountable Judiciary
DOI:
https://doi.org/10.24857/rgsa.v18n9-075Palabras clave:
Judiciary, SC, Human Rights Council, Social CouncilResumen
Objectives: The objective of this research is to analyze the efficacy of the adoption of Court Proceedings’ Live Streaming in India as a means to strengthen access to a transparent and accountable Judiciary. The research also aims to examine existing global frameworks concerning court proceedings’ live streaming.
Methods: This research utilizes a comprehensive analysis approach, examining the implementation and impact of Court Proceedings’ Live Streaming in India and globally. It involves reviewing existing literature, legal frameworks, and case studies to understand the various dimensions and implications of live streaming in the legal and judicial field.
Results: The analysis reveals that Court Proceedings’ Live Streaming has significant potential to enhance transparency and accountability within the judiciary. It allows real-time access to courtroom proceedings, aligning with the open justice principle. However, it also highlights various concerns such as balancing the right to privacy of parties involved, addressing copyright ownership issues, mitigating cyber security threats, and preventing the dissemination of false information. The research identifies potential safeguards and measures to address these concerns effectively.
Conclusion: In conclusion, Court Proceedings’ Live Streaming represents a significant development in the legal and judicial field, providing unprecedented access to courtroom proceedings. While it has the potential to enrich constitutionalism and empower the masses, it also necessitates careful consideration of various legal and ethical concerns. By implementing appropriate safeguards and measures, live streaming can contribute to a more transparent and accountable judiciary while ensuring the protection of rights and interests of all parties involved.
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([1924) 1 KB 256, [1923] All ER Rep 233
Spigelman, James J., Seen to Be Done: The Principle of Open Justice (October 9, 1999). Australian Law Journal – Part 1, Vol. 74, p. 290, 2000, Australian Law Journal – Part 2, Vol. 74, p. 378, 2000, Available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1800451.
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The Code of Criminal Procedure,1973, §.327, No. 2, Acts of Parliament, 1974(India). §327 mandates criminal courts to be open:“[(1)] The place in which any Criminal Court is held for the purpose of inquiring into or trying any offence shall be deemed to be an open Court, to which the public generally may have access, so far as the same can conveniently contain them: Provided that the presiding Judge or Magistrate may, if he thinks fit, order at any stage of any inquiry into, or trial of, any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.”
The Code of Civil Procedure,1908, §. 153-B, No. 05 Acts of Parliament, 1908 (India). §. 153-B provides that every civil court which tries a suit shall be deemed to be an open court: “s.153-B. Place of trial to be deemed to be open court. -“ The place in which any Civil Court is held for the purpose of trying any suit shall be deemed to be an open Court, to which the public generally may have access so far as the same can conveniently contain them: Provided that the presiding Judge may, if he thinks fit, order at any stage of any inquiry into or trial of any particular case, that the public generally, or any particular person, shall not have access to, or be or remain in, the room or building used by the Court.”
Shridhar Mirajkar v State of Maharashtra (1966) 3 SCR 744 (India).
Id., at para 20.
All courts in India are open to the public and function as open courts, except when the administration of justice requires public access to the court to be restricted. The principle of open courts in India recognises exceptions which are in the interest of fair administration of justice.
BNSS is Section 532.
Section 153 of BNSS
as specified in Sections 193(8) and 230 of BNSS.
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MODEL RULES FOR LIVE STREAMING AND RECORDING OF COURT PROCEEDINGS (hereinafter referredas (DraftRules) https://cdnbbsr.s3waas.gov.in/s388ef51f0bf911e452e8dbb1d807 a81ab/uploads/2021/06/2022091599.pdf
Id. rule 2.4
Id. rule 2.&7
Id. rule 5.2 (i-vi)
Id. rule 5.2(vii)
Id. rule 6.3
Id. rule 6.4
Id. rule 9.2
Id. rule 5.4 &5.5
Id. rule 5.8
Id. rule 7.4 &8.4
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