In the Sun, and in the Light

Context: COVID-19 presents an opportunity to the judicial system of India to find ways to ensure access to justice, even without a physical presence through the use of technology.

Issues in Judiciary and access to justice

• No maintenance of public record: 

• The court crafts of legal stalwarts like HM Seervai and Ram Jethmalani are lost to the future generation for want of recording.

• Restricted Access to Proceedings: India stands amongst leading constitutional democracies where audio or video recordings are not maintained. 

• Law students are not permitted due to space constraints.

• Proceedings of the Supreme Courts of Brazil, Canada, England, and Germany are broadcasted live.
• In China, court proceedings are live-streamed from trial courts up to the Supreme People’s court.

• Impact of COVID: Due to the requirements of physical distancing, the citizen’s right to access justice provided under Article 21 is being violated.

Case for Opening up the Court Proceeding: The Supreme Court in Swapnil Tripathi v Supreme Court of India case recognized the following aspects:

• Constitutional Provisions: 

• The SC held that the streaming of live proceedings is a part of right to access justice under Article 21. 
• Publishing court proceedings is an aspect of the court of record under Article 129.

• Comprehensive Guidelines for Live Streaming of Court Proceedings in Supreme Court: 

• It was suggested by the Attorney General, to devise a framework for live proceedings.
• Matrimonial cases and those involving national security can be excluded.
• Foster public confidence: Litigants depend on the information provided by the lawyer and if a report on judicial hearing is inaccurate, it impedes the public’s right to know.

Steps taken by Judiciary to make justice more accessible: 

• The court has started providing a vernacular translation of its judgment.
• Non-accredited journalists were permitted to live proceedings.
• Even during the lockdown, journalists were permitted to virtual proceedings.

Way Forward: Now that the SC has started adopting technology, it must find new ways of functioning during the pandemic.

• Take advantage of many modes of communication: including the internet, social media, television, and radio to facilitate in-person hearing.
• For E.g. the US Supreme Court heard an argument over the telephone, providing audio-streaming service to the litigants during the pandemic.
• Sunlight is the best disinfectant: The SC has chosen to play an influential role as an institution of constitutional governance. Openness and Transparency reinforce the public’s faith in the judicial system.