Several governments across the world have embraced the concept of open justice through live streaming of court proceedings despite fears of public opinion getting in the way of justice delivery. Switching to virtual mode during the COVID-19 pandemic seems to have bolstered the courts to go for the change considering its merits. In India, it was the Gujarat High Court that first started live streaming of its proceedings in July this year, followed by a handful of other states. Then the Supreme Court of India followed suit in September. Now, the Gauhati High Court Kohima Bench has officially started live streaming its proceedings, becoming the third state in the Northeast, after Assam and Meghalaya, to take up the initiative. It is a move in the right direction, more so because Nagaland does not have a High Court of its own yet. This open court concept is a big step towards transparency and accessibility as the citizens of the state can now witness the court proceedings live from anywhere, including far-flung areas without coming to court, provided internet connectivity is stable. It is also cost-effective, besides bridging trust deficit in judiciary, which appears to be widening by the day due to delay in justice delivery, and helping the common people understand the sentencing system better.
On the other hand, many argue that live streaming of court proceedings can trigger sensationalism, especially in high-profile trials can pose security concern to victims, witnesses, lawyers and judges. They also highlighted the possibility of juries being influenced by public opinion, including unprecedented attention on social media. These concerns are real and so measures should be taken to fix the loopholes that could affect the judicial process. Taking this into account, the Court has excluded certain cases, including matrimonial disputes, sexual offences, gender-based violence, POCSO, juvenile justice and cases that the court thinks can provoke enmity amongst communities, from the purview of live streaming. According to The Gauhati High Court (Live Streaming and Recording of Court Proceedings) Rules, 2022, any party can also raise objection to live streaming of a trial though the final decision is with the court, which will be guided by the principle of an open and transparent judicial process. Open justice is the way forward if we want transparency and accessibility, and to address irregularities in the judiciary. Its merits outweigh the risks involved. It is also a part of the right to access justice, as stated by the Supreme Court of India. However, the digital divide can play spoilsport to this concept of open justice. Live streaming of court proceedings will remain a distant dream, especially in rural areas, in the absence of infrastructure and high-speed internet. The Central and state governments should fix this.