Why in news?
The Supreme Court has recently ordered that within 3 months there should be at least two special deposition centres under every high court’s jurisdiction.
What is the need?
- Vulnerable witnesses in criminal cases often find the courtroom experience intimidating
- They include children, often minor survivors of rape, victims of sexual abuse, and even whistle blowers.
- 'Secondary victimisation' is something that vulnerable witnesses often experience in cases of sexual violence.
- This refers to the harm that occurs not due to a criminal act but through insensitive response of institutions, systems and individuals.
- Deposition centres will help create a conducive atmosphere for children and other such vulnerable witnesses, to testify without any fear or intimidation.
What did POCSO specify?
- The recent direction takes forward the principle already contained in laws relating to children.
- The Protection of Children from Sexual Offences Act (POCSO) provides for child-friendly procedures during a trial.
- It specifies that:
- The officer recording a child’s statement should not be in uniform.
- During court proceedings steps must be taken to ensure that the child is not exposed to the accused.
- The court is allowed to record a child’s statement through video conferencing, or using one-way mirrors or curtains.
- Implementation - At present, Delhi has four such deposition centres, backed by guidelines framed by the Delhi High Court.
- The Delhi High Court’s guidelines are inspired by the UN Model Law on Justice in Matters involving Child Victims and Witnesses of Crime.
- For now, the term ‘vulnerable witnesses’ is limited to children, but the principle needs expansion to include adults who may be equally vulnerable.
What lies ahead?
- Given the above limitation, it is felt that special centres are needed in criminal cases that involve other vulnerable witnesses as well.
- The creation of such special centres would have to imply much more than a safe space for recording the testimony.
- More importantly the procedure should ensure that it is minimising harm and preventing ‘secondary victimisation’.
- Multiple depositions and hearings at which witnesses have to be present should be avoided.
- In particular, they should not have to needlessly wait for their turn or be subjected to procedural delays.
- Ideally, every district in the country needs a special deposition centre.
Source: The Hindu
