Supreme Court Orders Creation of Nationwide Vulnerable Witness Deposition Centers

The Supreme Court of India has issued landmark directions aimed at significantly improving the protection and support provided to vulnerable witnesses in criminal cases. In a judgment delivered by Justice Dhananjaya YChandrachud , the court mandated the establishment of Vulnerable Witness Deposition Centers (VWDCs) across the country, building upon previous rulings in Sakshi v Union of India (2004) and State of Maharashtra v Bandu @ Daulat (2018).

The Need for Safe Spaces

The judgment emphasizes the critical need to create a safe and barrier-free environment for recording the evidence of vulnerable witnesses. Justice Chandrachud highlighted that the dignity of a person, a fundamental right under Article 21 of the Constitution, is compromised by insensitive procedures and hostile environments within the traditional court system. The court recognized that barriers to justice exist not only in the physical space but also within the emotional and psychological experiences of vulnerable witnesses.

Expanding the Definition of "Vulnerable Witness"

The court expanded the definition of "vulnerable witness," previously limited by the Delhi High Court guidelines, to include a broader range of individuals. This expanded definition now encompasses:

• Age-neutral victims of sexual assault (Sections 273 and 327 of the CrPC and Section 354 of the IPC).
• Gender-neutral victims of sexual assault (Section 2(d) of the Protection of Children from Sexual Offences Act, 2012).
• Age and gender-neutral victims of sexual assault under Section 377 of the IPC.
• Witnesses suffering from mental illness (Section 2(s) of the Mental Healthcare Act, 2017, and Section 118 of the Indian Evidence Act, 1872).
• Witnesses under threat, as defined by the Witness Protection Scheme, 2018.
• Speech or hearing-impaired individuals, or those with other disabilities.
• Any other witness deemed vulnerable by the court.

Implementation and Training

The judgment directs High Courts to:

• Adopt and notify a VWDC scheme within two months.
• Establish an in-house permanent VWDC Committee to supervise implementation and training.
• Estimate costs and secure funding from State Governments within three months.
• Establish at least one permanent VWDC in every District Court within four months. Existing ADR centers may be utilized where suitable.

A committee, chaired by Justice Gita Mittal , has been formed to develop and implement an All-India VWDC Training Programme, ensuring the sensitization of judicial officers, lawyers, and court staff. The National Legal Services Authority (NALSA) and State Legal Services Authorities (SLSAs) will also play a key role in this training initiative.

Funding and Coordination

The judgment places responsibility on State Governments for funding the establishment of VWDCs, requiring them to sanction funds within three months of receiving proposals from High Courts. The Ministry of Women and Child Development at the national level will coordinate implementation and provide logistical support.

Conclusion

This judgment represents a significant step towards ensuring fairer and more just access to the judicial system for vulnerable witnesses. The establishment of VWDCs across India aims to create supportive and empowering environments, promoting accurate and reliable testimony while upholding the dignity of those who have experienced trauma. The success of this initiative will depend on effective implementation, robust training, and continued commitment from all stakeholders.