Consider the following statements:1. In India, the right of witnesses ...
Witness Protection in India
- In 2018, the SC approved the Witness Protection Scheme 2018 which aimed at enabling a witness to depose fearlessly and truthfully. Under the Judgement, SC held that:
- Right of witnesses to testify freely in courts is part of Article 21 (Right to Life). Hence, statement 1 is correct.
- The scheme will be the law under Article 141/142 of the Constitution of India.
- The bench has also asked all States and UTs to set up vulnerable witness deposition complexes.
- Recently, the Supreme Court (SC) expanded the meaning of vulnerable witnesses to also include among others sexual assault victims, those with mental illness and people with speech or hearing impairment.
- The SC directed that all High Court’s (HC) adopt and notify a Vulnerable Witness Deposition Centre (VWDC) scheme within a period of two months.
- The need to protect witnesses has been emphasised by Law Commission reports and court judgments for years.
- The State of Gujarat v. Anirudh Singh (1997), 14th Law Commission Report and Malimath Committee Report has recommended a witness protection scheme. Hence, statement 2 is correct.
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Consider the following statements:1. In India, the right of witnesses ...
Explanation:
Statement 1: In India, the right of witnesses to testify freely in courts is a fundamental right under Article 21 of the Indian Constitution.
The right to testify freely in courts is not explicitly mentioned as a fundamental right under Article 21 of the Indian Constitution. Article 21 guarantees the right to life and personal liberty, which has been interpreted by the judiciary to include several other rights, including the right to a fair trial.
However, the right to testify freely in courts is derived from the right to a fair trial, which is an integral part of Article 21. The right to a fair trial includes the right to present evidence, call witnesses, and cross-examine witnesses. Therefore, while not explicitly mentioned, the right of witnesses to testify freely can be considered as a fundamental right under Article 21.
Statement 2: The Malimath Committee Report is associated with the recommendation of a witness protection scheme.
The Malimath Committee Report, submitted in 2003, was a comprehensive report on criminal justice reforms in India. The committee, headed by Justice V.S. Malimath, made several recommendations to improve the criminal justice system.
One of the key recommendations of the Malimath Committee Report was the establishment of a witness protection scheme. The report recognized that witnesses often face threats, intimidation, and harassment, which can deter them from testifying truthfully in court. To address this issue, the committee recommended the creation of a witness protection scheme to ensure the safety and security of witnesses.
The recommendation for a witness protection scheme was aimed at encouraging witnesses to come forward and testify without fear, thereby strengthening the criminal justice system. The scheme would provide measures such as identity protection, relocation, and support to witnesses, ensuring their safety and enabling them to testify freely in court.
Conclusion:
Both statements are correct. While the right of witnesses to testify freely is derived from the right to a fair trial under Article 21, the Malimath Committee Report did indeed recommend the establishment of a witness protection scheme to safeguard witnesses and encourage them to testify truthfully.
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