Delhi High Court Seeks Centre’s Response on Live-Streaming of Court Proceedings
- ByAdmin --
- 29 May 2025 --
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In a significant move towards enhancing transparency and public access to judicial processes, the Delhi High Court has directed the Central Government to respond to a plea seeking live-streaming of court proceedings. The application, filed in the context of petitions concerning the recognition of same-sex marriages under various personal laws, emphasizes the importance of public access to proceedings that have substantial societal implications.
Background of the Petition
The petitioners, comprising same-sex couples and LGBTQ+ individuals, have approached the Delhi High Court seeking the recognition of their marriages under the Special Marriage Act, Hindu Marriage Act, and Foreign Marriage Act. They argue that live-streaming these proceedings would serve the dual purpose of educating the public on matters of significant constitutional and national importance and ensuring greater transparency in the judicial process.
Senior Advocate Neeraj Kishan Kaul, representing the petitioners, highlighted that the issue at hand affects a substantial portion of the population. He contended that live-streaming would facilitate broader public engagement and understanding, especially for those unable to attend court proceedings in person due to various constraints
Court's Directive to the Centre
In response to the petition, a bench of Chief Justice D.N. Patel and Justice Jyoti Singh has issued a notice to the Central Government, seeking its response on the matter. The court has granted time to the Centre's counsel to take instructions and file a reply, with the next hearing scheduled for February 3, 2022.
This directive aligns with the Supreme Court's emphasis on the public's right to access judicial proceedings, particularly in cases that pertain to fundamental rights and societal issues. The apex court has previously recognized that live-streaming of court proceedings can play a crucial role in promoting transparency and accountability within the judicial system.
Legal and Constitutional Framework
The call for live-streaming is grounded in the principles enshrined in the Constitution of India, notably:
- Article 21: Guarantees the right to life and personal liberty, which has been interpreted to include the right to access information, thereby supporting the case for public access to court proceedings.
- Article 14: Ensures equality before the law, reinforcing the need for transparent judicial processes that are open to public scrutiny.
- Article 19(1)(a): Protects the freedom of speech and expression, encompassing the right to receive information, which extends to access to court proceedings.
Furthermore, the Supreme Court's ruling in Swapnil Tripathi v. Supreme Court of India (2018) underscored the importance of live-streaming in matters of public interest, stating that it is an essential component of the right to access justice.
Precedents and Judicial Perspective
The Delhi High Court's current stance is consistent with its previous approach to live-streaming requests. In earlier cases, such as those involving the recognition of same-sex marriages, the court has sought the Centre's response on the feasibility and implications of live-streaming proceedings. This ongoing dialogue reflects the judiciary's cautious yet progressive consideration of integrating technology to enhance public access to legal processes.
Legal experts and civil rights advocates have lauded these developments, viewing them as steps towards a more inclusive and transparent judicial system. They argue that live-streaming not only demystifies court proceedings but also fosters a more informed and engaged citizenry.
Implications and Future Outlook
The outcome of this petition could set a precedent for the live-streaming of court proceedings in cases of significant public interest. If the Centre agrees to facilitate live-streaming, it may lead to the establishment of guidelines and infrastructure to support such initiatives across various courts in the country.
However, considerations regarding privacy, security, and the integrity of judicial processes will need to be addressed. The court may have to balance the public's right to access with the need to protect sensitive information and uphold the dignity of the judicial system.
In conclusion, the Delhi High Court's inquiry into the feasibility of live-streaming court proceedings marks a pivotal moment in the ongoing discourse on judicial transparency and public access to justice. The Centre's forthcoming response will be crucial in determining the trajectory of this initiative and its potential impact on the Indian legal landscape.
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