e-Committee of Supreme Court releases Draft Model Rules for Live-Streaming and Recording of Court Proceedings; Comments/inputs sought from stakeholders
Draft Model Rules aims to imbue greater transparency, inclusivity and foster access to justice
Ministry of Law and Justice
Posted On: 07 JUN 2021
The e-Committee, Supreme Court of India has released the Draft Model Rules for Live-Streaming and Recording of Court Proceedings and has invited inputs, feedback and suggestions on it from all the stakeholders. The Draft Model Rules are available on the e-committee website. The e-Committee of Supreme Court of India along with the Department of Justice, Government of India is working under the National Policy and Action Plan for implementation of Information and Communication Technology (ICT) in the Indian Judiciary.
Suggestions and inputs on the Draft Model Rules for Live-Streaming and Recording of Court Proceedings can be sent in the following email ID firstname.lastname@example.org on or before 30.06.2021.
Dr. Justice Dhananjaya Y. Chandrachud, the Supreme Court Judge and Chairperson of e-Committee, has writtena letter to all Chief Justices of the High court calling for the inputs and suggestions on the draft Draft Model Rules for Live-Streaming and Recording of Court Proceedings. He mentions in the letter that the right of access to justice, guaranteed under Article 21 of the Constitution encompasses the right to access live court proceedings. To imbue greater transparency, inclusivity and foster access to justice, the e-Committee has undertaken the project of live streaming of court proceedings on priority. This will enable access to live court proceedings, including on matters of public interest to citizens, journalists, civil society, academicians and law students on a real time basis, which was not otherwise possible owing to geographical, logistical or infrastructural issues.
A sub-committee consisting of judges of the Bombay, Delhi, Madras and Karnataka High Courts was constituted to frame model live streaming rules. The sub-committee has held extensive deliberations. It took into account the principles enunciated in the decision of the Supreme Court in Swapnil Tripathi v Supreme Court of India,(2018) 10 SCC 639 including the concerns of privacy and confidentiality of litigants and witnesses, matters relating to business confidentiality, prohibition or restriction of access to proceedings or trials stipulated by Central or State legislation and in some cases to preserve the larger public interest owing to the sensitivity of the case. These model rules provide a balanced regulatory framework for live streaming and recording of court proceedings.
The following cases will be excluded from Live-streaming:
i. Matrimonial matters, including transfer petitions arising thereunder.
ii. Cases concerning sexual offences, including proceedings instituted under Section 376, Indian Penal Code, 1860 (IPC).
iii. Cases concerning gender-based violence against women.
iv. Matters registered under or involving the Protection of Children from Sexual Offences Act, 2012 (POCSO) and under the Juvenile Justice (Care and Protection of Children) Act, 2015.
v. In-camera proceedings as defined under Section 327 of the Code of Criminal Procedure, 1973 (CrPC) or Section 153 B of the Code of Civil Procedure, 1908 (CPC).
vi. Matters where the Bench is of the view, for reasons to be recorded in writing that publication would be antithetical to the administration of justice.
vii. Cases, which in the opinion of the Bench, may provoke enmity amongst communities likely to result in a breach of law and order.
viii. Recording of evidence, including cross-examination.
ix. Privileged communications between the parties and their advocates; cases where a claim of privilege is accepted by the Court; and non-public discussions between advocates.
x. Any other matter in which a specific direction is issued by the Bench or the Chief Justice.