A vulnerable witness deposition centre was set up at the Mumbai City Civil and Sessions Court on March 27, following directions from the Supreme Court that such centres be set up across district and subordinate courts in the country. Who are vulnerable witnesses, and why have such centres been set up?
According to the Guidelines for Recording of Evidence of Vulnerable Witnesses, 2024, vulnerable witnesses include a child who has not completed 18 years of age, a child sexual abuse victim, sexual harassment and sexual assault victims, persons with disabilities under the Rights of Persons with Disabilities Act, 2016, any witness suffering from mental illness as defined under the Mental Healthcare Act, 2017, any witness deemed to have a threat perception under the Witness Protection Scheme, 2018, or any other witness deemed to be vulnerable by a concerned court, including family courts, Juvenile Justice Board, civil and criminal courts or tribunals or forums.
“The vulnerability of a witness may emerge from a range of circumstances which include, but are not limited to – nature of crime, threats and intimidation, fear of reprisal, age, developmental levels, gender identity, sexual minorities, ethnicity, religious identity, caste, physical and/or mental disability, lack of infrastructural support, language barriers, geographical location etc,” the preamble of the guidelines states.
How will these centres be different from regular courtrooms?
Usually in a criminal court, an accused sits in an enclosure at the far end of the courtroom, and witnesses depose from the witness box, which is close to the bar, where lawyers make their submissions. In regular hearings, the victims can see the accused and vice-versa.
When it comes to trials in sexual harassment, sexual abuse and child sexual abuse victims, there are safeguards in the criminal law, and the Protection of Children from Sexual Offences Act. For instance, a child cannot be exposed to the accused at the time of recording of evidence. The accused has a right to a fair trial, too, hence, it should also be ensured that he is able to hear the statement and communicate with his advocate. Since the identity of the victim is to be protected in these cases, courts conduct in-camera proceedings that are not open to the public.
The vulnerable witnesses deposition centres will cater not only to sexual abuse victims but also to others deemed vulnerable due to various circumstances.
The guidelines state that there should be a waiting area for such witnesses, where they can wait with their support persons and lawyers. Usually, victims have to wait in the corridors where they may face the accused or his families, which can cause trauma, fear or intimidation. It also recommends a safe passage into the centre from common areas of the court. The centre will have one-way mirrors to ensure that they do not have to face the accused during their deposition.
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The witnesses may be permitted to depose, not necessarily while seated inside the witness box or the designated space for witnesses and can sit in a space comfortable for them. They may also be permitted to carry a comfort item and may be permitted access to support persons and testimonial aids, including translators and language interpreters.
The guidelines also give various steps on how the evidence should be recorded, including giving time and sufficient breaks to the witnesses.
Why was a need felt to set up such centres?
In 2019, the Supreme Court was hearing an appeal filed by a rape victim seeking transfer of the criminal case against the perpetrator from Maharashtra’s Thane district to a sessions court in Mumbai as she expressed concerns of not being able to depose freely. Considering her apprehensions, the Supreme Court directed the court in Thane to take necessary precautions, including police protection and in-camera recording of evidence. During her appeal, the court also took up the wider issue of the need to set up separate courtrooms for vulnerable witnesses.
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The Supreme Court then said that there have been prior judgments where the issue of providing a safe environment for victims has been discussed. Most of these discussions, however, were limited to the recording of evidence of victims of sexual abuse.
In the 2019 case, the Supreme Court appointed an amicus curiae to facilitate suggestions on setting up centres, also referring to guidelines by the Delhi High Court for recording evidence of vulnerable witnesses. It was felt that vulnerable witnesses find their interaction with the legal process, especially the criminal justice process, particularly the courtroom experience ‘intimidating’.
Support persons working with victims of abuse often say that the victims end up facing ‘secondary victimisation’. The term refers to victimisation that occurs not as a direct result of a criminal act but through the response of institutions and individuals to the victim. The centres and the guidelines are aimed at preventing this.
“To respond effectively to the needs of vulnerable witnesses, the justice system needs to respond proactively with sensitivity in an enabling and age-appropriate manner, so that the judicial process is less traumatic and secondary victimisation can be minimised,” the guidelines say.
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