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.
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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