Supreme Court To Consider Live Streaming Of Its Proceedings On Marital Rape & Other Matters Of National Importance

The CJI DY Chandrachud during hearing of a plea today said that the Supreme Court will consider live-streaming its proceedings while hearing the marital rape exception under the penal laws relating to rape and other matters of national importance.

“You file an application for live streaming two-three days in prior”, said CJI DY Chandrachud on the suggestion put forth by the Senior Advocate Indira Jaising that issues of national importance such as marital rape exception may be live streamed.

A Bench comprising CJI DY Chandrachud, Justice PS Narasimha and Justice JB Pardiwala was hearing a miscellaneous application filed by Senior Advocate Indira Jaising regarding conduct of live streaming proceedings of the Supreme Court.

“There are many steps which are being taken in a comprehensive manner. You may give your suggestions to the Secretary General”, said CJI Chandrachud.

Senior Advocate Jaising suggested that in the United States, proceedings are not live-streamed but the audio transcripts are available.

Earlier, the CJI DY Chandrachud expressed reservations as to maintenance of written transcripts of the proceedings saying “Physical transcription of proceedings will be a huge process. The cost is very steep for transcription”.

“Transcripts are more important when it comes to a Court which is subject to appeal. We know, Supreme Court is not subject to appeal. Relevance of transcripts in the Supreme Court would not be as much as in the High Court or District Court or Trial Court”, had then said the Senior Advocate.

Today, the Senior Advocate made the following three-fold suggestions before the Apex Court:

1. VC Links may be made available on the Cause List of the Supreme Court;

2. Other than live streaming of Constitutional Bench proceedings, provision may be made for live streaming of proceedings related to matters of national importance; and

3. Audio scripts of proceedings may be allowed and archived like in the United States.

Considering the issues raised by the Senior Advocate, the Court ordered that “We permit Ms. Jaising to place a comprehensive note before General Secretary of the Supreme Court so that it could be taken into account when modalities of live streaming is being formulated”

“I will look into it and we will list it after four weeks. We are taking administrative steps”, said CJI Chandrachud.

During the earlier hearing, the Supreme Court asked the Registry to look into the suggestion made by Senior Advocate Jaising that the link for video conferencing, when hearings take place in a hybrid mode before this Court, be put out on the cause-list so as to obviate any hardship to individuals in getting the link for the proceedings.

As a matter of fact, the Supreme Court today has fixed the marital rape exception matter for hearing on March 21, 2023.

Cause Title- Indira Jaising v. Secretary General & Ors.