SC directs to ensure child-friendly practices be adopted during examination of witnesses

The Supreme Court on Tuesday directed the Remote Point Coordinators to ensure that child-friendly practices are adopted during the examination of the witnesses.

"We direct the Remote Point Coordinators (RPCs) to ensure that child-friendly practices are adopted during the examination of the witnesses," ordered a bench headed by Justices headed by Justice L Nageswar Rao.

The bench was dealing with the process of identification and rehabilitation of street children.

The court order on a plea seeking to issue directions to authorities concerned to ensure adequate infrastructure coverage in district courts across the country for the creation of a robust video-conferencing mechanism and to formulate guidelines for the recording of the testimonies and Section 164, CrPC statements of such child witnesses/victims via video-conferencing during and after the COVID-19 pandemic, in view of the principle of "the best interests of the child."

At present, the court said it is concerned with obviating difficulties to victims of trafficking with respect to travelling long distances for the purpose of giving evidence in trial courts.

"Though the public-spirited Petitioners were concerned with the safety of the trafficked children being forced to travel long distances for giving evidence during the COVID-19 pandemic, we are of the opinion that the suggestions made by the Amicus Curiae, in consultation with Ms Shenoy, relating to the SOP should be put in practice as a regular feature, " the court said adding that procedure need not be restricted only to the period affected by the COVID-19 pandemic.

The court said that it has carefully examined the draft SOP which contains minute details about steps to be taken for recording the testimony of child witnesses at Remote Points.

Responses have been filed by the High Courts. There is no objection taken by any High Court to the SOP being put in practice immediately, the top court noted and thereafter it ordered, "We direct that the SOP, as has been reproduced above, shall be followed in all criminal trials where child witnesses, not residing near Court Points, are examined and not physically in the courts where the trial is conducted. We direct the RPCs to ensure that child-friendly practices are adopted during the examination of the witnesses."

The court appreciated the stand taken by NALSA to strengthen the video conferencing facilities in DLSA offices in the States of Uttar Pradesh, Bihar, West Bengal, Odisha and Assam, and said that "in case video conferencing facility in the court complex is not available, video conferencing facility in DLSA office can be utilized for recording of the evidence of the child witness."

The court directed that the concerned judicial officer at the Remote Point and the trial Court shall ensure that the recording of evidence shall be in camera wherever necessary.

The court listed the matter for further hearing on May 2, 2022.

( With inputs from ANI )