Thursday, November 2, 2017

Dinesh Kamath's Editorial 'Good decision by SC' that was published in Newsband

Good decision by SC
Children testifying as witnesses find the courtroom experience intimidating. Hence the Supreme Court has given the direction that within three months there should be at least two special deposition centres under every high court’s jurisdiction
This takes forward the principle already contained in laws relating to children. Under this law, the officer recording a child’s statement should not be in uniform; also, 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.
The Delhi High Court’s guidelines are inspired by the UN Model Law on Justice in Matters involving Child Victims and Witnesses of Crime.
Victims of sexual violence and whistle-blowers whose testimony against powerful adversaries may endanger their lives require a conducive atmosphere to depose. This is indeed a civilised and valid move by SC.
Children are the future of any nation and if they feel intimidated by the processes, court room scenes, presence of the accused in front of them, then obviously it would be very difficult for them to speak against the crime they have been subjected to. Judicial safe zones should be built up in every district if possible so that a child victim can feel safer to stand up and speak. But as pointed out by one of the viewers above, when and how they are actually implemented is what remains to be seen.
Actual problem starts when such proposals are put into practice. Child witnesses are also vulnerable to dominaton of elders as they instil fear and threaten them if they speak the truth. Thus, not only atmosphere inside courtroom should be conducive but also court should ensure children will not be 'punished' for their speaking truth in trials.

All sounds good on paper. What is left to be seen is when it is actually implemented.

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