Thread by @barandbench

#SupremeCourt is hearing a case in reference with the Delhi High Court Guidelines on the protection of vulnerable witnesses wherein, Section 3 of these guidelines define a vulnerable witness as a child who has not yet completed 18 years of age

Adv Vibha Dutta Makhija: I have spoken to Justice Gita Mittal and she has some suggestions, The bench may issue directions now. the vulnerable witness scheme deposition may be placed under NALSA. There can be a vulnerable witness deposition centre

Makhija: every high court should have such a kind of vulnerable witness deposition centre. There also needs to be continuous training which will be an ongoing subject

Justice DYC Chandrachud: Brother Justice Surya Kant, do you have the suggestions, we can read it together

Makhija: some of the directions needed are to set up such deposition centre for vulnerable witnesses in all district courts. definition of vulnerable witness should be modified to include: age neutral victims of sexual assault

Makhija: any witness deemed to have threat perception under witness protection scheme of central govt needs to be given protection. Trial and HC should also have jurisdiction to declare a witness as vulnerable

Makhija: Justice Gita Mittal may be appointed as a chairperson of this training program for three years and all HC must cooperate in providing this training.

SC: Your suggestion of including NALSA and SALSA can be considered. My learned brother has a lot of experience working with different courts.

SC(Justice Surya Kant): The ADR centre rooms can be used as rooms to put such witnesses away from the fear of the court.

Makhija: Locationally, the ADR centres have to be near the court.
Kant J: ADR centres are a few metres from the court. The rooms and facilities can be used for this purpose.

Chandrachud J: Justice Geeta Mittal had done a lot towards this but somebody will have to assist her.
Makhija: Justice Mittal had told me a lot of time goes in training people. This kind of work makes voluntary labour very difficult. Modules have to be made etc. Doctor's have to

Makhija: be sensitized.
Chandrachud J: The training is where we can bring in NALSA and SALSA. The senior most judge of the court is the head of NALSA. We can give them guidelines but in a polite fashion.
Kant J: If any kind of fund needs arises,

Kant J: women ministry or justice ministry can be approached.
Chandrachud J: We can tell Union of India and if they need our help they can file IA.

Makhija: * Reads Justice Lalit's judgement* In case of child abuse or rape, the child should be put in a different room. Questions that accused wants to ask has to be given in writing to the presiding officer. Direction for it to be set up in every HC is already given. After a

Makhija: couple of years this still hasn't been implemented.
Kant J: In some places likes Punjab and Haryana, such rooms have been made. In Chd HC, there are rooms for children to play and nurses have been trained to take care of then.

Kant J: We can see that requisite funds are made available and this can happen.
Makhija: I have given this information- how many rooms have been set up by which HC. status report is dates October 21.Maharashtra, Punjab, Delhi have done a good job. Centres have been set up in each

Makhija: district. Kerala and Andhra Pradesh, there is no information.
Kant J: I think except Punjab and Haryana, I don't think this has been set up in each district.
Chandrachud J: We'll say-
Adv Gopal Jha: I'm appearing for Rajasthan. We have such room, given in affidavit.

Chandrachud J: We're not going into each HC. We'll give general guidelines.

The need for and importance of

Adv Shirin Khajuria: My Lord, witnesses who are speech and hearing impaired should also be included in vulnerable witnesses. That's where the Bandhu judgement came from.

Chandrachud J: I'll make a note for it. Individual HC we are not seeing what you've done but if any counsel appearing for HC has a suggestion please tell us.

Khajuria: The emphasis should be on type of person not type of case. Civil cases should also be included.

Kant J: In CPC there is already a system.
District judiciary need to be sensitized to follow it.
Makhija: Any judge if they feel any witness is vulnerable, they can be directed to the centre for deposition.

Adv Deshmukh: On behalf of Bombay HC, an officer should be put in place

Deshmukh: to sanction funds.

Makhija: A member of the finance ministry can be made member here so there is communication with the centre.

Kant J: It's a complicated issue. Centre will say state is not giving, state will say centre. Then budget and everything.

Jha: Every district court should have a vulnerable witness box. There is a queue when they are examining the witnesses.

Kant J: That may not be feasible, that is far above from ground reality. The infrastructure is 30/40 years old.

Chandrachud J: We can say HC is to take a call

Kant J: They can use the one room in consultation with other judicial officers.

Chandrchud J: The need for and importance of setting up special facilities which cater to the creation of a safe and barrier free environment for recording the evidence of vulnerable witnesses has

Chandrachud J: been engaging the attention of this court over the last two decades. In Sakshi v UOI, 2004, this court inter alia issued certain directions which were to be in addition to those in Punjab v Gurmeet Singh. More recently, directions were issued by 2 judge bench of

Chandrachud J: this court to set up special centres to examine vulnerable witnesses in criminal cases to facilitate conducive environment that will allow the vulnerable witness to make a statement. Special centres have already been set up in Delhi. The work of Delhi HC and these

Chandrachud J: centres are in consonance with this court's orders. In order to facilitate the above decisions, this court has issued notice to all HC in pursuance of which the HCs have appeared. Based on material disclosed before the court, Ms Vibha Makhija, Amicus Curiae has

Chandrachud J:prepared a tabulated form of data. Based on the deliberations which have taken place in the court, the suggestion which has been put forth by Amicus Curiae and advocates for HC, the following directions are issued: (This is to facilitate directions in Maharashtra v

Chandrachud J: Bandhu)
1. The definition of vulnerable witness in clause 3 of VWVDC sheme formed by Del HC would not be limited to child witnesses, will include:
a) age neutral victims of sexual assault
b) gender neutral victims of sexual assault

Chandrachud J: c) age and gender neutral victims of sexual Assault u/s 377
d) witnesses suffering from mental illness as defined in Mental Healthcare Act.
e) Any witness seem to have a threat perception under union govt scheme
f) Any speech or hearing impaired individual or

Chandrachud J: person suffering from any other disablity who is considered to be vulnerable by court concerned.
2. All HC shall adopt and notify a a VWDC scheme within a period of two months of this order unless a scheme is already notified. HCs with existing schemes may consider

Chandrachud J: modificationaccording to present order.
3. Every HC should set up a permanent VWDC committee.
4. Every HC is requested to give an estimate of man power required to have VWDC in entire state in a period of three months.
5. Having due regard to importance of

Chandrachud J: conducting training programs to manage VWDC and sensitizing all stakeholders including bar, bench and staff, Justice Gita Mitta, former CJ of J&K HC is requested to act as chairperson of committee for designing and implementing an all india VWDC training program.

Chandrachud J: Initial tenure of the chairperson shall be for 2 years. All HC shall facilitate and give full cooperation in conducting training programs on terms of the modules prepared by the chairperson.
6. Upon the estimation of cost prepared by the VWDC of each HC, state

Chandrachud J: govt shall sanction adequate funds. The state govt shall nominate a nodal officer from the finance dept who shall ex officio be associated with the work of VWDC com of HC.
HC should ensure there is one centre in each district.
In many states ADR centres have been

Chandrachud J: set up in close proximity to the court. Where such centres are in place, the HC will be at liberty to ensure that a VWDC is made available within the premises of the ADR centre.
7. NALSA shall have a vital role to play especially in sensitizing programs.

Chandrachud J: Chairperson of committee appointed by this court is requested to engage with NALSA and SALSAs to provide an effective interface for schemes of training.
8. The ministry of women and child development of the union govt shall designate a nodal officer for

Chandrachud J: coordinating the implementation of these directions and facilitating logistical support to Justice Mittal. All such ministries on the state level shall provide financial support.

Chandrachud J: Copy to be given to Registrar General, union and state depts of women and child welfare. Emails to be sent with the order to Registrar Generals of all HCs.

Chandrachud J: We conclude with appreciation for the Amicus Curiae and other advocates.

Chandrachud J: The morning started with such a positive thing. Good beginning of the day!