In a significant legal development, the High Courts have been directed to expand the definition of ‘vulnerable witness’ beyond just child witnesses. The focus is on ensuring protection for individuals such as victims of sexual assault, those with mental illness, and individuals under threat perception. The Court’s emphasis on establishing Vulnerable Witnesses Deposition Centers (VWDC) in every District Court within a specified timeframe underscores the importance placed on safeguarding the rights and well-being of vulnerable witnesses. Let’s delve into the details of these crucial advancements in the legal system.
Analysis
- The High Courts are directed to expand the definition of ‘vulnerable witness’ to include various categories beyond child witnesses, such as victims of sexual assault, individuals with mental illness, and those under threat perception.
- High Courts are required to establish Vulnerable Witnesses Deposition Centers (VWDC) in every District Court within four months.
- State Governments must appoint a nodal officer to facilitate the implementation of VWDC proposals submitted by High Courts.
- Financial estimation for VWDCs must be prepared by High Courts, and State Governments should sanction funds within three months for the project.
- A Committee chaired by Justice Ms Gita Mittal is constituted to implement an All India VWDC Training Programme and engage with High Courts on infrastructure creation.
- The Chief Justices of the High Courts are empowered to take necessary steps to ensure compliance with the directions and monitor progress periodically.
- Provisions of Section 327 CrPC to apply in inquiry or trial of offences under Sections 354 and 377 IPC.
- Special arrangements like screens for victims or vulnerable witnesses to not see the accused.
- Questions for cross-examination to be given in writing to the court for the victim/witness.
- Victims of child abuse or rape to be allowed sufficient breaks during testimony.
- Directions for setting up special centers for examination of vulnerable witnesses in criminal cases, following guidelines issued by Delhi High Court.
- High Courts to adopt guidelines for vulnerable witnesses, setting up centers in every district gradually.
- At least two centers per jurisdiction to be set up within three months, with more as per High Court decisions.
- The fairness of trial process and pursuit of justice are influenced by the recording of vulnerable witnesses’ statements.
- Dignity, intrinsic to Article 21 of the Constitution, should not be compromised by insensitive procedures or hostile environments.
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Decision
- A copy of the order will be emailed to Justice Ms Gita Mittal and Registrars General of all High Courts for implementation.
- Appreciation is recorded for the dedicated effort of individuals.
- Payment of honorarium to the Chairperson will be made as fixed by the Chairperson.
- Logistical support will be extended by the Union Ministry of Women and Child Development and all Ministries of Women and Child Development in the States.
- The Secretary General of the Court will forward a copy of the order to the Ministry of Women and Child Development of the Union Government and to the Secretaries of the Ministries of Women and Child Development of all State Governments for compliance.
- Pending applications stand disposed of.
- The Miscellaneous Application is disposed of accordingly.
- The High Courts, in consultation with the Chairperson of the Committee, will enlist experts in the field for training and development of all stakeholders.
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Case Title: SMRUTI TUKARAM BADADE Vs. THE STATE OF MAHARASHTRA (2022 INSC 39)
Case Number: MA-001852 / 2019
