Summary
The Court issued nationwide directions to establish and operate Vulnerable Witnesses Deposition Centres, grounding safe testimony in dignity and access to justice. Vulnerability extends beyond children to specified sexual-assault victims, witnesses with mental illness or disabilities, those facing threats and others whom the competent court considers vulnerable. High Courts were directed to notify schemes, supervise implementation and establish permanent centres, supported by State funding. A committee chaired by former Chief Justice Gita Mittal was constituted to develop and implement national training and coordinate infrastructure support.
Issues
- What institutional, funding and training measures were required to provide a safe environment for vulnerable witnesses and how broadly vulnerability should be understood.
Provisions considered
- Articles 21 and 142, Constitution of IndiaDignity and access to justice required physical and emotional barriers to testimony to be addressed through binding nationwide implementation directions. (¶ 3-5)
Held
- Safe recording of evidence is essential to fair trial and substantive justice. Dignity cannot depend on insensitive procedures or hostile surroundings; effective access requires both appropriate infrastructure and sensitisation of stakeholders. (¶ 3-4)
- Vulnerable witnesses are not confined to children. The directions encompass specified age- and gender-neutral sexual-assault victims, witnesses with mental illness, threatened witnesses, persons with speech, hearing or other disabilities considered vulnerable by the court, and any other witness the court deems vulnerable. (¶ 5(i))
- High Courts were to notify schemes within two months unless already notified, consider conforming amendments to existing schemes, and constitute permanent supervisory committees. Cost estimates were requested within three months and at least one permanent centre in every District Court or additional Sessions Court establishment was required within four months, with compliance reports. Suitable ADR premises could be used. (¶¶ 5(ii)-5(iv), 5(vii)-5(viii))
- State Governments were to sanction proposed funding within three months of submission or the financial year’s end, whichever was earlier, and appoint Finance Department nodal officers. The national committee chaired by Gita Mittal, initially for two years, would devise training and engage with High Courts, NALSA and State Legal Services Authorities. Union and State Women and Child Development authorities were directed to provide coordination and logistical support. (¶¶ 5(v)-5(vi), 5(ix)-5(xii), 6)
Result
Miscellaneous application disposed of with nationwide directions for vulnerable-witness schemes, permanent deposition centres, funding, training and compliance monitoring.