Source: Supreme Court

Why in News?

Recently, the bench of Chief Justice of India (CJI) D Y Chandrachud, Justices J B Pardiwala and Manoj Misra gave directions to the High Courts to set up the Vulnerable Witness Deposition Centre (VWDC).

• The Supreme Court observed this in the case of Smruti Tukaram Badade v. The State of Maharashtra and Anr.

What was the Background of Smruti Tukaram Badade v. The State of Maharashtra and Anr?

• Miscellaneous Application upon 2018 Judgment:
  • The SC was hearing a Miscellaneous Application to set up court rooms upon the directions issued by the bench of Justice Adarsh Kumar Goel and Justice Uday Umesh Lalit in the case of State of Maharashtra v. Bandu @ Daulat, (2018) to set up centre for vulnerable witnesses in every district of the country.
• Detailed Directions in 2022 Judgment:
  • The application also noted the directions given by a division bench of Justice D Y Chandrachud and Justice Surya Kant in the case of Smruti Tukaram Badade v. The State of Maharashtra and Anr (2022).

What were the Court’s Observations?

• SC observed its prior precedents and the need of issuance of directions for VWDC.

What are the Directions Given by the Supreme Court for Vulnerable Witness Deposition Centre?

• Extension of Period:
  • Since the work of setting up and monitoring the VWDC is under way, the court extended the term of appointment of Hon’ble Ms. Justice Gita Mittal, former Chief Justice of the High Court of Jammu and Kashmir until 31^st July 2024.
• Completion Deadline:
  • The court directed all the HCs to take necessary steps for setting up VWDCs in all districts.
  • This exercise shall be completed on or before 30^th April 2024.
• Fresh Status Report:
  • The Chairperson of the Committee may accordingly prepare a fresh updated status report and submit it to this Court by the first week of May 2024 indicating the status of compliance.
• Two High Court’s Yet to Implement:
  • The attention of the Court has been drawn to the fact that two High Courts are yet to implement the VWDC guidelines based on the model of 2022 circulated by Justice Gita Mittal.
  • The State of Odisha is yet to implement the guidelines insofar as civil cases are concerned.
  • In terms of the expanded definition of vulnerable witnesses, the State of Tamil Nadu has not taken any action at all. The SC permitted Justice Gita Mittal to draw this fact to the attention of the Registrars General of the High Courts of Odisha and Madras together with the copy of this order so as to ensure that both the High Courts take necessary steps positively on or before 30^th April 2024.

What were the Directions Given by the Supreme Court in 2022 Judgement?

• Expanded Definition of Vulnerable Witnesses:
  • Included age-neutral victims of sexual assault.
  • Encompassed gender-neutral victims under the Protection of Children from Sexual Offences Act, 2012 (POCSO).
  • Covered age and gender-neutral victims of sexual assault under Section 377 of the Indian Penal Code, 1860 (IPC).
  • Involves witnesses with mental illness, threat perception, speech or hearing impairments, or other disabilities.
• Establishment of Vulnerable Witnesses Deposition Centres (VWDC):
  • HCs were directed to adopt and notify a VWDC Scheme within two months from the date of this judgment.
  • The HCs which already have existing VWDC Schemes in place were suggested to consider making suitable modifications in conformity with the guidelines which were indicated in the present order.
  • Creation of in-house permanent VWDC Committee for supervision and periodic assessment.
• Cost Estimation and Funding:
  • HCs were directed to estimate costs for setting up VWDCs within three months.
  • The State Government was directed to expedite funds approval and disbursement within three months.
• All India VWDC Training Programme:
  • Committee chaired by Justice Gita Mittal was directed to implement training programs.
  • High Courts were directed to cooperate, and Committee to engage with National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSAs).
• Compliance and Monitoring:
  • The Court said that every District Court to have at least one permanent VWDC within four months from the date of this order.
  • Chief Justices of All HCs were asked to take appropriate steps for compliance monitoring.
• Coordination and Support:
  • Ministry of Women and Child Development was directed to designate a nodal officer for coordination.
  • HCs, in consultation with the Committee Chairperson, were directed to enlist experts for proper training.
• Logistical and Financial Support:
  • The SC said that expenses, including honorarium, to be defrayed by the Ministry of Women and Child Development.
  • The SC empowered Committee Chairperson to seek further directions if needed.