Courts Under Scrutiny In India Through Media: A Comparative Assessment Vis-A-Vis Global Context

Abstract

Justice ensured to the people is the foundational principle behind the working of a judiciary. In order to command public confidence and faith in the judicial system of a country, it demands, inter alia, an easy and affordable access to the legal system that governs the people. Taking into cognizance a tool to keep a check on the accountability and transparency in the court proceedings, along with a medium to strengthen the judicial system of the nation both legally and morally, it is imperative for India to draft a legislation which permits audio or video recording and the subsequent telecasting of the court proceedings. After delineating various events raising questions on whether audio/video recording of court proceedings shall be permitted, in India, the Article explores jurisdictions such as UK and US for assessing the outcome of audio/video recording and the subsequent live telecasting of the court proceedings. Evaluating both the positive as well as negative aspects, the Article attempts to understand its relevance in India by a detailed comparative analysis with UK and US. On assessing the prevailing situation and relevant laws in India, the author comes to a conclusion to permit the aforesaid subject to certain precautions that shall be taken into account by the legislators, as elucidated in the Article.