The Bombay High Court has ruled that in accordance with Section 15A (10) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, all proceedings must be recorded on video.
The Bombay High Court on Monday has mandated that all proceedings under this act must be video recorded. This decision, as per Section 15A (10) of the SC/ST Act, underscores the court’s commitment to ensuring transparency and accountability in the legal process, particularly in cases involving vulnerable communities.
The bench, led by Chief Justice DK Upadhyaya and Justice Sarang Kotwal, clarified that the necessity to video record proceedings under the SC/ST Act is not just a recommendation but a mandatory requirement.
“It would be necessary to video record any proceeding relating to the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 even though the proceedings are held in open court,”
the judges stated, highlighting the mandatory nature of Section 15A (10) of the SC/ST Act.
This ruling aims at the effective implementation of the Amended Chapter IV-A of the Atrocities Act, which focuses on protecting the rights of victims and witnesses. The division bench specifically noted that bail proceedings under Section 14A of the Act qualify as ‘judicial proceedings’ under Section 15-A of the SC/ST Act, thereby requiring video documentation.
The issue came to the forefront during the bail pleas of three doctors – Hema Ahuja, Bhakti Mehare, and Ankita Khandelwal – accused in the suicide case of their junior, Dr. Payal Tadvi, in 2019. The case highlighted the ambiguity surrounding what constitutes “proceedings” under the SC/ST Act, as Justice Sadhana Jadhav in 2019 noted the lack of a clear definition and whether the hearing of a bail application falls under this category.
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However, the recent judgment clarifies this ambiguity, stating that all proceedings, including bail applications, under the SC/ST Act must be video recorded. This decision is set to have a prospective effect, meaning it will not impact past proceedings that were not recorded. The judges emphasized,
“This judgment answering the reference will not affect the past proceedings which are not recorded. Effect of this judgment would be prospective.”
The court also addressed the practical aspects of implementing this directive, acknowledging that not all courts in Maharashtra are currently equipped with video recording facilities. It has directed the State Government to ensure that such facilities are provided in all courts handling Atrocities Act cases as soon as possible. Until then, courts lacking these facilities may proceed without video recording, especially when the personal liberty of an accused is at stake.
The bench has communicated its intentions to the Advocate General Birendra Saraf, ensuring that an administrative order will be passed and a proposal sent to the government to expedite the process. Saraf assured the court of prompt action.
This decision by the Bombay High Court marks a significant step towards enhancing the integrity and effectiveness of judicial proceedings under the SC/ST Act. By mandating video recording, the court aims to create a more transparent, accountable, and fair judicial process for the victims and witnesses of atrocities, thereby strengthening the legal framework designed to protect the rights of Scheduled Castes and Scheduled Tribes in Maharashtra and potentially setting a precedent for other states in India.
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