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Live streaming of SC proceedings
The Supreme Court recently made the decision to broadcast live its proceedings in significant Constitution Bench cases starting on September 27.
Nearly four years after a request for transparency, this decision was made.
The Supreme Court aired its proceedings live on August 26, the day that former Chief Justice of India (CJI) N V Ramana announced his retirement.
However, the Supreme Court opened the way for the live streaming of cases with significant national and constitutional implications in its Swapnil Tripathi decision from September 2018.
A public interest litigation (PIL) requesting live broadcasting of judicial proceedings was accepted by a three-judge bench in 2018.
K K Venugopal, who was India's Attorney General at the time, had received notice from the court asking for his opinion on the matter.
The Supreme Court agreed to a set of rules after receiving the recommendation, which included allowing transcripts and keeping records of the sessions.
A-G has suggested that live streaming be implemented as a trial run in Court No. 1, the CJI's court, and solely for Constitution Bench matters.
The A-G argued, however, that the court must maintain the authority to prohibit broadcasting and to also do so in situations involving:
Matrimonial matters
Issues pertaining to juveniles' best interests or the safety and protection of young offenders' private lives,
Matters of National security
To make sure that defendants, witnesses, or victims can testify honestly and without fear.
Vulnerable or frightened witnesses need to be given special protection.
If the witness agrees to the broadcast being made anonymously, it could allow for face distortion.
To preserve sensitive or confidential material, including all cases involving sexual assault and rape, cases where public knowledge would be adverse to the administration of justice, and cases that would incite strong feelings, stoke emotion, or incite hostility between communities.
The Gujarat High Court started live streaming its proceedings in July 2021 as a result of the Supreme Court's ruling.
The high courts in Jharkhand, Karnataka, Madhya Pradesh, Orissa, and Patna currently broadcast their proceedings live.
USA
Although the US Supreme Court has denied requests to broadcast its hearings, it has permitted audio recording and transcripts of oral arguments since 1955.
Australia
Although live or delayed broadcasting is permitted, different courts have different standards and procedures.
Canada
Live coverage of proceedings is provided on the Cable Parliamentary Affairs Channel, along with explanations of each case and the court's general procedures and authority.
United Kingdom
The law was changed in 2005 to make it illegal to record Supreme Court hearings and face contempt of court charges.
On the court's website, proceedings are streamed live with a one-minute delay; however, in delicate appeals, transmission may be withdrawn.
Improves transparency
Transparency and improved access to the justice system are advanced through the broadcasting of court sessions.
Improves legal literacy of masses
The public's ongoing involvement with the Constitution and laws may be improved by livestreaming the sessions in addition to boosting legal knowledge.
Positive systemic changes are possible
In a study of the US Supreme Court's audio sessions, it was discovered that the exchanges between judges during oral arguments are heavily gendered.
Male activists and coworkers interrupted women disproportionately more often than men did.
Later, the study's findings regarding gendered disruptions were addressed.
Justices no longer randomly interrupt, but instead ask questions based on seniority.
Inappropriate use of the content
There are already courtroom procedures from Indian courts in the form of sensationalised video snippets on YouTube and other social media websites.
There are worries that careless material use could lead to the public being misinformed.
Impact on the Justices' behaviour
Justices act to maximise their individual exposure, according to a 2018 study from Brazil that found that when given free television time, they behave like politicians.
Source: The Indian Express