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This is an archive article published on September 17, 2012

city anchor: A courthouse to allow child witnesses to depose without fear

A special courtroom to record testimonies of child witnesses without putting them through a rigorous and formal process was inaugurated in Karkardooma Court on Sunday.

A special courtroom to record testimonies of child witnesses without putting them through a rigorous and formal process was inaugurated in Karkardooma Court on Sunday.

Taking a cue from child witness protection programmes abroad,it has been built with four rooms and one of them has a sofa,toys and a colourful carpet for the child to sit in.

The accused will be made to sit in another room,separated by a one-way mirror. The accused and his advocate can see and hear the child,but the minor cannot witness the proceedings. “This will be less intimidating for the child,” a source said.

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The courtroom has a bright,informal look,with plush sofas instead of the usual bare stands. Even the dais of the judge is lower than usual.

To avoid direct interaction with the accused or any other person that the child might find intimidating,the child’s room has a separate entrance.

A child’s testimony can also be recorded through videoconferencing from a separate room.

As a pilot project,the Karkardooma courtroom will cater to child victims and witnesses. Similar ones will be built later in the other five district courts.

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A committee comprising senior judicial officers,lawyers and psychologists prepared the concept and guidelines for the courtroom,based on norms in countries like Canada,US and Germany.

A panel of child psychologists has been formed to attend to the needs of the child witnesses,Delhi High Court Justice Gita Mittal said.

“There has been a historic neglect of the rights of witnesses and victims of crime in the country,despite guidelines mandating segregation of the witness from the accused,” she said.

Students and volunteers from Delhi University’s Law Centre-I and several NGOs have been roped in to escort child witnesses from their homes to the courtroom.

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“Judges are encouraged to call a child witness to the court early and speak to him or her prior to the proceedings so that the child feels relaxed. The process is not only aimed at creating a relaxed courtroom atmosphere but also to ensure that the child receives counseling and does not fear going to court,” Mittal said.

Justice Altamas Kabir,who will be the next Chief Justice of India,was the guest of honour at the inauguration ceremony. He said: “When we get intimidated,think of how a child would feel when faced with lawyers and judges.”

Delhi High Court Acting Chief Justice A K Sikri said: “The witness is the eyes and ears of the court. As such,it is our job to see that children are treated fairly,their voice is heard and their confidence in judicial services is maintained.”

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