The Madras High Court has invoked Section 355 of the BNSS (Bail, Non-Bailable Offenses, and Special Situations) to permit an accused suffering from Parkinson’s disease to attend his trial via video conferencing. This ruling reflects the court’s consideration for the health and well-being of individuals facing legal proceedings.
Background of the Case:
The accused, who has been diagnosed with Parkinson’s, argued that attending court in person posed significant challenges due to his medical condition. Parkinson’s can severely affect mobility and cognitive function, making it difficult for individuals to participate in traditional court proceedings without additional strain.
Court’s Rationale:
The court’s decision underscores the principle of ensuring that justice is accessible to all individuals, regardless of their health status. By allowing the accused to attend the trial via video conference, the court aims to balance the rights of the accused with the demands of the judicial process. The use of technology in legal proceedings has been increasingly recognized as a means to facilitate participation without compromising the integrity of the trial.
Implications:
This ruling sets a precedent for similar cases where health issues may impede a defendant’s ability to appear in court. It highlights the judiciary’s commitment to adapting legal practices to accommodate individuals with disabilities, ensuring that their rights are preserved while still maintaining the judicial process.
Conclusion:
The Madras High Court’s decision to allow the accused with Parkinson’s disease to attend trial via video conferencing is a significant step in promoting inclusivity within the legal system. This ruling reinforces the notion that the courts can adapt to meet the needs of all participants, ensuring that justice is served without discrimination based on health conditions.