The Delhi High Court on Tuesday issued notice in an application seeking live-streaming of proceedings in the cases calling for recognition of same-sex marriage in the country (Abhijit Iyer Mitra v UOI).
The Bench of Chief Justice DN Patel and Justice Jyoti Singh issued notice in a plea filed by three professionals living in Mumbai, reports Bar and Bench.
The application stated that these petitions raise an issue of “great national importance,” in particular with respect to the LGBTQ community, which constitutes nearly 8% of the country’s population.
Appearing for the applicants, Senior Advocate Neeraj Kishan Kaul argued that his clients represent a large section of the public of the country who are eagerly looking forward to the outcome of these cases. Although a lot of people want to attend the proceedings in these matters, it is neither possible nor feasible given space constraints in the courtroom, he added.
Kaul further submitted that the Supreme Court as well as the Centre government and the entire Bar has been in favour of live-streaming of certain proceedings which are in national interest, and that the present petitions fall in this category.
“The Hon’ble Supreme Court, in Swapnil Tripathi vs. Supreme Court of India (2018) 10 SCC 639, has emphasised that there should be live streaming of court proceedings in matters of constitutional and national importance which has an impact on the public at large. The right of an interested person to attend court proceedings has been held to be an essential facet of ‘open justice’,” read the application.
The application also cited examples of the High Courts of Gujarat, Orissa and Karnataka, which have started or have formulated rules for live-streaming of court proceedings.
“Although the applicants are personally interested in the outcome of the present litigation, they are also representative of a large yet marginalized section of the society. Live streaming of the final arguments of the present case will open the doors of this Hon’ble Court to that section, which, otherwise will never be able to view the proceedings.
Although the above examples cited by the Applicant show that Live Video streaming is fast becoming the benchmark of ‘open justice’ around the world and in this country, a case having the magnitude of the present one may seldom have been telecast live till date. This Hon’ble Court, if it allows the present application, will open its vista to probably the largest audience ever for any single case in history of this country,” the application stated.
The Court today also issued notice to the Centre in two other related petitions. While one of them sought recognition of the marriage of a transgender person who entered into a civil union with her husband in South Africa, the other sought recognition of marriage of a lesbian couple who tied the knot at Varanasi in February 2018.
“In the holy city of Varanasi, as lakhs of Hindu couples do every day, they exchanged varamalas, tied their garments together, circumambulated a sacred fire seven times, and applied sindoor on each other’s forehead. The Petitioners are married in the eyes of God. They now call upon this Hon’ble Court to declare that man’s temporal laws also recognize their marriage,” read the second petition.
The Court has now given the Centre time to file its replies to the application as well as the two petitions, and listed the case for further hearing on February 3.
