SC judgment on hearing marital cases in camera

 


 

Why it is in news?

  • Bench says video conferencing will hurt privacy 

SC verdict

    • In a historic verdict, a three-judge Bench of the Supreme Court, with a 2:1 majority, overruled its earlier orders to conduct matrimonial disputes cases through video conferencing
    • Rationale:  it is very doubtful whether the emotional bond can be established in a virtual meeting during video conferencing and it may even create a dent in the process of settlement.
    • Chief Justice of India agreed that matrimonial disputes should be conducted in camera in the spirit of Section 11 of the Family Courts Act of 1984 and video conferencing would destroy the privacy of the proceedings and probably defeat the cause of justice.
    • Describing matrimonial proceedings as “sanguinely private”, the majority judgment said chances of “reconciliation requires presence of both the parties at the same place and the same time so as to be effectively conducted”. 

Technology as enabler

 

  • According to a dissent note modern technology like video conferencing is “above all a facilitator, enabler and leveler”.
  • “Appropriate deployment of technology facilitates access to justice,”  
 
 
Source: The Hindu

Posted by Jawwad Kazi on 10th Oct 2017