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.
