The Aryavarth Express
Agency(Bombay): The Bombay High Court has instituted a pivotal mandate that necessitates video recording for all court proceedings associated with the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. This significant ruling was delivered by a division bench consisting of Chief Justice D.K. Upadhyaya and Justice S.V. Kotwal, stating unequivocally that section 15A(10) of the Act—which demands the video recording of proceedings—applies to judicial hearings as well.
The directive emerges as a response to deliberations on how the term “proceedings” should be interpreted within the ambit of the Act, a question that gained prominence during the bail hearings of three doctors accused in the 2019 suicide case of Dr. Payal Tadvi. The court’s clarification intends to encompass all manners of proceedings, even those conducted in open court, under the video recording requirement.
Highlighting the intent behind the ruling, the bench articulated that this measure is instrumental in ensuring public accountability, aiding victims and witnesses in navigating the complexities of their cases, and providing support through legal aid organizations to the victims and their dependents. The initiative is particularly beneficial for individuals unfamiliar with legal jargon and procedures, offering them a transparent view into the proceedings, thereby demystifying the legal process.
Despite the court’s directive, it acknowledged the logistical challenges, noting the absence of video recording facilities in several courts across Maharashtra. The responsibility, therefore, lies with the state government to equip these courts with the necessary video recording infrastructure expeditiously. Until such provisions are made, courts without this capability may continue their proceedings, especially in cases where the liberty of an accused is under consideration.
By mandating video recording in cases under the Atrocities Act, the Bombay High Court takes a significant step towards bolstering the transparency and accountability of judicial processes, affirming its commitment to the protection and justice for the communities under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The state government’s role is now crucial in implementing this directive, ensuring that all courts are furnished with the means to uphold this new standard of judicial transparency and accountability.
This directive from the High Court marks a commendable move towards reinforcing the judicial mechanisms that serve the SC and ST communities, aiming to foster a more inclusive and transparent legal system. The emphasis on video recording not only aids in the meticulous documentation of proceedings but also serves as a vital tool in safeguarding the rights and interests of victims and witnesses, ultimately contributing to the broader goal of justice and equality.
