Courts must come to children, says SC

What is the news?

The Supreme Court has directed that video conferencing facilities be established across the country for child witnesses, especially victims of trafficking, to remotely testify against their attackers.

What was the case about?

A petition was filed in the Supreme Court arguing that victims of child trafficking, mostly based in far-flung and under-developed areas of the country, should not be made to travel long distances to trial courts to testify against their attackers.

This is because of the following reasons: 1) usually trial courts are located in metros 2) there is a fear that they may be again held by their captors and 3) due to Covid situation.

What has the Supreme Court said?

The Supreme Court has directed that video conferencing facilities be established across the country for child witnesses, especially victims of trafficking.

This facility for child witnesses should not be limited to the pandemic period alone, but should be a regular feature in cases involving child witnesses. 

The court also agreed with a standard operating procedure (SOP) prepared by its amicus curiae recording the evidence of child witnesses through videoconferencing. 

What are the key features of SOP prepared by amicus curiae?

Firstly, a child can testify either at the ‘court point’, that is, cities or places where the trial has to take place, or at the ‘remote point’, which is his or her place of residence.

Secondly, video conferencing facilities should be created in every district, especially in States where incidence of child trafficking cases are high. 

Thirdly, compliance of the “best practices” mandated by the Protection of Children from Sexual Offences Rules, 2020, while recording the evidence of child witnesses.

– These will include ensuring that the child witness is provided diet money on the basis of the distance travelled by him or her to reach the remote point, the presence of a police officer at the remote point to make certain that the child witness does not come in contact with the accused (if out on bail) or any relative of the accused, etc.

Source: This post is based on the article “Courts must come to children, says SC” published in The Hindu on 4th Feb 2022.