Set up centres under all High Courts for vulnerable victims: SC: 

Set up centres under all High Courts for vulnerable victims: SC: 

Context:

In a landmark order the Supreme Court has directed the High Courts to set up special centres for examination of vulnerable witnesses in criminal cases.

Supreme Court verdict:

• Vulnerable witnesses in criminal cases, often minor survivors of rape or victims of sex abuse, should testify without fear or intimidation in a conducive environment, the Supreme Court has said.
• The bench directed that at least two such centres in the jurisdiction of each High Court may be set up within three months from the date of order.
• The two Judge Bench was considering a Criminal Appeal filed by State of Maharashtra against the Judgment and order of acquittal of an accused in a rape case. The victim was a 14yr old deaf, dumb and mentally challenged girl.

Vulnerable Witnesses:

• The order upholds the right of vulnerable witnesses to be protected while testifying in court and is in consonance with international norms in these matters
• A Bench of Justices A.K Goel and U.U Lalit found that vulnerable witnesses are often treated like any other witness of the State in a criminal trial.
• Victims often end up being ill-treated by the very system they had approached in the hope of justice.
• Delay and intimidating questions during trial in a hostile environment lead to fewer convictions.
• There should be special centres for examination of vulnerable witnesses in criminal cases in the interest of conducive environment in court so as to encourage a vulnerable victim to make a statement,” the Bench noted in its order.
• The Bench said every district should have a special centre, which would provide vulnerable witnesses a friendly atmosphere to testify.
• The Supreme Court referred to the Delhi High Court’s initiative to set up vulnerable witnesses deposition centres and issuance of guidelines
• The Bench observed that the directions of Delhi High Court and setting up of special centres for vulnerable witnesses are consistent with the decision of the Supreme Court in Sakshi V.Union of India and Ors(2004).

Delhi High Court guidelines:

• The Bench suggested that other high courts should adopt the Delhi HC’s ‘Guidelines for Recording the Evidence of Vulnerable Witnesses in Criminal Matters,’ with required modifications.
• The Delhi HC’s guidelines are filtered from the best practices followed by other countries and the police and precedents of the apex court and high courts.
• The practices include a screen or some arrangement by which the victim does not see the body or face of the accused; reducing cross-examination questions to writing and handing them over to the judge to be put to the victim in a language that is clear and not embarrassing; and sufficient breaks for victims of child abuse or rape while testifying.

Why there is need for separate complexes?

• The complex provides a separate entry for vulnerable witnesses, so that they do not come in direct with accused at any point of time.
• There are provisions for support persons, pre-trial court visit and facilities for pick and drop of the witnessss.
• The complex has been equipped with all facilities of audio-visual exchange for a free interface between the presiding judge, the witness and the accused without witness facing the accused.

Government initiatives:

• Enactment of stringent laws like Vishaka guidelines and the Criminal Law(Amendment ) Bill, 2013.

The Criminal Law (Amendment) Act, 2013 :

• It provides for amendment of Indian Penal Code, Indian Evidence Act, and Code of Procedure, 1973 on laws related to sexual offences.
• The Bill received Presidential assent on 2 April 2013.
• This new Act has expressly recognised certain acts as offences which were dealt under related laws. These new offences like, acid attack, sexual harassment, voyeurism, stalking have been incorporated into the Indian Penal Code
• The most important change that has been made in the change in definition of rape under IPC.
• Although the Ordinance sought to change the word rape to sexual assault, in the Act the word ‘rape’ has been retained in Section 375, and was extended to include acts in addition to vaginal penetration.