For Prelims: Vulnerability Witness Deposition Centre (VWDC) scheme, Article 21 (Right to Life), Article 141/142 of the Constitution of India. For Mains: Witness Protection in India, Alternate Dispute Resolution (ADR), Vulnerable Witness Deposition Centre, section 377 IPC, Mental Healthcare Act, 2017.
Recently, in a noteworthy move, the Supreme Court (SC) widened the definition of vulnerable witnesses to include sexual assault victims, individuals with mental illness, and speech or hearing impaired persons among others.
The Evolution of the Term ‘Vulnerable Witnesses’
In 1996, the SC directed that all High Courts in the country adopt guidelines for vulnerable witnesses. The SC has since passed similar instructions in 2004 and 2017, referencing the guidelines established by the Delhi High Court in 2017.
Currently, the term ‘vulnerable witnesses’ is not restricted to child witnesses alone. It extends to age-neutral victims of sexual assault, gender-neutral victims of sexual assault mentioned under section 377 IPC (unnatural offenses), witnesses suffering from mental illness defined in the Mental Healthcare Act, 2017, and witnesses with perceived threats or individuals suffering from any disability.
The Establishment of Vulnerable Witness Deposition Centres
In a recent judgement, the SC ordered all High Courts to adopt and establish a Vulnerable Witness Deposition Centre (VWDC) within two months. The VWDCs aim to provide a safe and barrier-free environment for recording the testimonies of vulnerable witnesses, with at least one center in each district located near Alternate Dispute Resolution (ADR) centres.
Sensitising the Legal Community
The SC also emphasized the need for training programs to effectively manage VWDCs and sensitize all involved stakeholders, including members of the bar, bench, and staff. The Court requested former Chief Justice of Jammu and Kashmir High Court, Justice Gita Mittal, to chair a committee for designing and implementing a national VWDC training program. Furthermore, they advised this committee to collaborate with National and State Legal Services Authorities to ensure effective training programs.
Witness Protection in India
In 2018, in an attempt to enable witnesses to depose fearlessly and truthfully, the SC approved the Witness Protection Scheme 2018. This judgement made it clear that the right of witnesses to testify freely in court is part of Article 21 (Right to Life). The scheme, which has been pending approval in Parliament, was ordered to be implemented immediately in all states by the SC and is considered the law of the land.
The Push for Better Witness Protection
Over the years, Law Commission reports and court judgements have reiterated the need for improved witness protection. The State of Gujarat v. Anirudh Singh (1997), 14th Law Commission Report, and Malimath Committee Report recommended a witness protection scheme. Although ad hoc measures like special courtrooms for child victims and concealing witnesses’ identities in sensitive cases have been employed, they have not always been successful in protecting witnesses from harm.
Moving Forward
Recognizing witnesses as “eyes and ears of justice”, the Vulnerable Witness Deposition Centre scheme is a significant step towards improving the justice delivery system in the nation. However, legislative measures ensuring prohibition against tampering with witnesses are urgently required to strengthen witness protection in the country.