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D. Y. CHANDRACHUD, M. TRIVEDI
Smruti Tukaram Badade – Appellant
Versus
State of Maharashtra – Respondent
ORDER
1. The Ministry of Women and Child Development, Government of India, shall stand impleaded.
2. The judgment of this Court casts the responsibility of coordinating with Ms Justice Gita Mittal, Chairperson of the Committee appointed by this Court, on the Ministry of Women and Child Development. The Ministry of Women and Child Development has been nominated as a coordinating Ministry having due regard to the fact that the issue pertaining to vulnerable witnesses directly concerns the plight of women and children who are in the position of vulnerable witnesses. Hence, the Ministry of Women and Child Development shall continue to coordinate all activities in consultation with the Chairperson of the Committee appointed by this Court. If any coordination with the Department of Justice is required, the Additional Solicitor General shall ensure that facilitative assistance in that regard is made available to the Ministry of Women and Child Development.
3. The Minutes of the meeting of the Committee dated 28 March 2022 have been forwarded to the Secretary, Ministry of Women and Child Development, on 20 April 2022 by the Coordinator of the Committee. Ms. Aishwarya Bhati, Additional Solicit
The Ministry of Women and Child Development has the responsibility to coordinate with the Committee appointed by the Court, specifically concerning vulnerable witnesses who are women and children.
The court established that missing person cases require urgent action and compliance with existing SOPs and legal obligations, emphasizing the presumption of abduction or trafficking.
The court established that the rights of children residing with incarcerated parents must be prioritized, mandating educational and developmental support systems to mitigate the adverse effects of im....
The court emphasized the importance of establishing VWDCs and creating comprehensive guidelines for the recording of evidence of vulnerable witnesses in various jurisdictions.
The main legal point established in the judgment is the importance of creating a safe and barrier-free environment for recording the evidence of vulnerable witnesses and issuing directions for the ad....
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