Full Text
Miscellaneous Application No 1852 of 2019 in Criminal Appeal No 1101 of 2019
Smruti Tukaram Badade .... Appellant(s)
JUDGMENT
1 The need for and importance of setting up facilities which cater to the need for creating a safe and barrier free environment for recording the evidence of vulnerable witnesses has engaged the attention of this Court over two decades. In Sakshi v Union of India[1], this Court issued directions in addition to those which were contained in the decision in State of Punjab v Gurmit Singh[2]. The relevant extract from the decision in Sakshi (supra) reads thus:
2 More recently, in State of Maharashtra v Bandu @ Daulat[3], directions were issued by this Court for setting up “special centres for examination of vulnerable witnesses” in criminal cases so as to facilitate a conducive environment for recording the statements of vulnerable witnesses. This Court dwelt on the guidelines which have been issued by the High Court of Delhi for recording the evidence of vulnerable witnesses in criminal matters and noted that special centres have been set up in Delhi for that purpose. While observing that the direction of the High Court of Delhi for setting up special centres for vulnerable witnesses is consistent with the earlier decisions of this Court and supplement the principles which have been laid down, this Court issued the following directions:
3 The fairness of the process of trial as well as the pursuit of substantive justice are determined in a significant measure by the manner in which statements of vulnerable witnesses are recorded. The dignity of person, which is an intrinsic element of Article 21 of the Constitution, cannot be left to the vagaries of insensitive procedures and a hostile environment. Access to justice mandates that positive steps have to be adopted to create a barrier free environment. These barriers are not only those which exist within the physical spaces of conventional courts but those which operate on the minds and personality of vulnerable witnesses. There is a pressing need to facilitate the salutary purpose underlying the creation of a barrier free environment where depositions can be recorded freely without constraining limitations, both physical and emotional. This requires not just the creation of infrastructure but sensitizing all stakeholders.
4 This Court issued notice to all the High Courts in pursuance of which they have appeared through Counsel. Based on the material which has been placed before the Court, Ms Vibha Datta Makhija, amicus curiae, has prepared a tabulated statement of the position of infrastructure in various High Courts as of 25 October
2021. A copy of the tabulated statement is annexed as a broad indicator at Annexure ‘A’ to this order. Based on the deliberations which have taken place during the course of proceedings in the Court, the suggestions which have been proposed by the amicus curiae and the responses of some of the Counsel who have appeared on behalf of the High Courts, the following directions are issued under Article 142 of the Constitution in furtherance of the earlier decisions of this Court. These are intended to facilitate the implementation of the directions which were rendered on 24 October 2017 in Bandu (supra) and earlier in other decisions.
(i) The definition of “vulnerable witness” contained in Clause 3(a) of the ‘Guidelines for recording evidence of vulnerable witnesses in criminal matters’4 of the High Court of Delhi shall not be limited only to child witnesses who have attained the age of 18 years and should be expanded to include, inter alia, the following categories of vulnerable witnesses: (a) Age neutral victims of sexual assault read with Sections 273 and 327 of the Code of Criminal Procedure 1973 and Section 354 of the Indian Penal Code 18605; (b) Gender neutral victims of sexual assault read with Section 2(d) of the Protection of Children from Sexual Offences Act 2012;
(c) Age and gender neutral victims of sexual assault under Section 377 of the Indian Penal Code 1860 read with paragraph 34(1) of the decision in Sakshi (supra);
(d) Witnesses suffering from “mental illness” as defined under Section 2(s) of the Mental Healthcare Act 2017 read with Section 118 of the Indian Evidence Act 1872; (e) Any witness deemed to have a threat perception under the Witness Protection Scheme 2018 of the Union Government as approved by this Court in Mahender Chawla v Union of India[6]; (f) Any speech or hearing impaired individual or a person suffering from any other disability who is considered to be a vulnerable witness by the competent court; and 4 “VWDC Scheme” available at http://delhihighcourt.nic.in/writereaddata/upload/notification/notificationfile_lcwcd2x[4].pdf. 5 “IPC”
(ii) The High Courts shall adopt and notify a Vulnerable Witnesses Deposition
Centres[7] Scheme within a period of two months from the date of this order unless a scheme is already notified. The High Courts which already have existing VWDC Schemes in place may consider making suitable modifications in conformity with the guidelines which are indicated in the present order. In formulating the VWDC Scheme, the High Courts shall have due regard to the scheme which has been formulated by the High Court of Delhi, which has been duly approved in the judgment of this Court in Bandu (supra);
(iii) Every High Court should set up an in-house permanent VWDC Committee for continuously supervising the implementation of the present directions and making a periodic assessment of the number of VWDCs required in each district proportionate to the time required for recording evidence of vulnerable witnesses and to coordinate the conduct of periodic training programmes;
(iv) Every High Court is requested to make an estimation of costs towards manpower and infrastructure required to set up at least one permanent VWDC in every establishment of the District Court (or additional Sessions Court establishments) and estimate the optimal number of VWDCs required for the entire State within a period of three months;
(v) Having due regard to the importance of conducting periodic training programmes for manning and managing the VWDCs and sensitizing all stake “VWDC” holders, including judicial officers, members of the Bar and the staff of the court establishment, we constitute a Committee chaired by Justice Ms Gita Mittal, former Chief Justice of the Jammu and Kashmir High Court. The Committee shall devise and implement an All India VWDC Training Programme, besides engaging with the High Courts on the creation of infrastructure for VWDCs. The initial tenure of the Chairperson shall be for a period of two years. All High Courts or concerned role assignees shall facilitate and give full cooperation in conducting training programmes in terms of the module which may be prepared by the Chairperson;
(vi) Upon the estimation of costs prepared by the VWDC Committee of each
High Court, the State Government shall expeditiously sanction the requisite funds within a period of three months from the date of the submission of the proposal or the end of the financial year, whichever is earlier, and disburse the funds to the High Court in accordance with the project plan. The State Government shall nominate a nodal officer of the Finance Department who shall be associated ex officio with the work of the VWDC Committee of the High Court, to facilitate the implementation of the proposal submitted by the High Court in terms of these directions;
(vii) The High Courts shall ensure that at least one permanent VWDC is set up in every District Court establishment (or additional Sessions Court establishments) within a period of four months. The Registrars General of the High Courts shall file compliance reports before this Court;
(viii) In many States, ADR Centres have been set up by the High Courts in close proximity to the court establishments in the districts. Where such ADR Centres are in place, the High Courts would be at liberty to ensure that the VWDC is made available within the premises of the ADR Centre so as to secure a safe, conducive and barrier free environment for recording the depositions of vulnerable witnesses;
(ix) The National Legal Services Authority[8] as well as the State Legal Services
Authorities[9] have a vital stake and role, particularly in devising and implementing sensitization and training programmes. The Chairperson of the Committee appointed by this Court is requested to engage with NALSA and SLSAs (subject to the directions which may be issued by the Hon’ble Executive Chairperson of NALSA) so as to provide an effective interface for implementing the scheme for training;
(x) The Hon’ble Chief Justices of the High Courts would be at liberty to take all appropriate steps either on the administrative side or on the judicial side in furtherance of the present directions and to monitor compliance on a periodic basis;
(xi) The Chief Justice of the High Court of Delhi is requested to make available a work space/room for the office of the VDWC Committee Training Centre and requisite staff, preferably personnel who have previously assisted in the development and implementation of the Training Modules of the Delhi High Court and to designate a Coordinator of the programme in consultation with the Chairperson. Appropriate secretarial and logistical support staff and equipment may be made available to the Committee on a reasonable remuneration as fixed by the Chairperson. The expenses in that regard, including the honorarium payable to the Chairperson shall be defrayed by 8 “NALSA” 9 “SLSAs” the Ministry of Women and Child Development to the Director of the Delhi Judicial Academy. The Chairperson may fix a reasonable honorarium for the work assigned to her under the terms of this order. In the event that any further directions are necessary, the Chairperson may seek them before this Court and any communication in that regard shall be placed for further directions; and
(xii) The Ministry of Women and Child Development of the Union Government shall designate a nodal officer for coordinating the implementation of these directions and for providing all logistical support to Justice Ms Gita Mittal, the Chairperson of the Committee appointed by this Court. This would include the payment of honorarium to the Chairperson in terms as fixed by the Chairperson and meeting the expenses, including those towards engaging domain experts for training programmes. The Union Ministry of Women and Child Development and all Ministries of Women and Child Development in the States shall coordinate with the Chairperson and extend logistical support. The High Courts shall, in consultation with the Chairperson of the Committee, enlist experts in the field to facilitate proper training and development of all stake holders.
6 A copy of this order shall be forwarded by the Secretary General of this Court to the Secretary, Ministry of Women and Child Development of the Union Government and to the Secretaries of the Ministries of Women and Child Development of all the State Governments for compliance. A copy of this order shall also be emailed to Justice Ms Gita Mittal for information and also to the Registrars General of all the High Courts for implementation by the High Courts.
9 Pending application, if any, stands disposed of. …………...…...….......……………… ........ J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….… ........ J. [Surya Kant] New Delhi; January 11, 2022 -S- IN THE SUPREME COURT OF INDIA M.A. No. 1852 of 2019 IN Crl. App. No. 1101 of 2019 IN THE MATTER OF:- Smruti Tukaram Badade ……Petitioner
VERSUS
State of Maharashtra & Anr. ……Respondents
┌────────────────────────────────────────────────────────────────────────────────────────────────────────────────── │ │ INDEX │ │ S.No. Particulars Page No. └──────────────────────────────────────────────────────────────────────────────────────────────────────────────────
1. Bombay [Pg. No. 5- 10A [No. of District Courts =33 ] 6.9.2019 116 [INCLUDI NG AT SUBORDI NATE COURTS] NIL AS PER THE DIRECTIONS IN CRL.
APPEAL NO. 1101 OF 2019, NOTICE WAS ISSUED BY THE BOMBAY HIGH COURT TO THE REGISTRAR WORK COMPLETED FOR 116 VULNERABLE WITNESS DEPOSITION COURTS IN THE STATE Status of establishment of Vulnerable Witness Deposition Courts as on 1.8.2019 S.N o. Particulars Total Grand Total
1. Work Completed 115+1 116
2. Work in Progress 72 72
3. Tender Stage 9 9 DIFFERENT DISTRICTS HAVE FORWARDE D THEIR FUND REQUIREME NTS TO THE GOVERNME NT OF MAHARASH GENERAL TO ESTABLISH VWDCS.
4. Estimate Stage 6 6 Total 203 203 Proposal for construction of a new Court building with the provision of a Vulnerable Witness Deposition Court is pending at Thane Headquarters. 82 FUNCTIONAL VULNERABLE WITNESS DEPOSITION CENTERS OUT OF A TOTAL OF 227 No. of Place s Vulnerable Witness Deposition Centre On way glass to witness box Functional Work in Progress With fullfledge d faciliti es With partial faciliti es With fullfledged facilitie s With partial facilitie s Fun ctio nal Wo rk in Pro gre ss 227 33 49 32 31 49 23 TRA.
SOME DISTRICTS HAVE RECEIVED FUNDING AND IT IS PENDING FOR OTHERS.
2. Rajasthan [Pg. No. 43- [No. of District Courts = 36] 09.01.20 24 10 NO GUIDELINES AVAILABLE.
TOTAL DISTRICTS = 35 CENTERS PERMANENTLY ESTABLISHED = 24 DISTRICTS CENTERS TEMPORARILY ESTABLISHED = 10 DISTRICTS Vulnerable Witness Deposition Courts/Centers set up in the Court premises in 24 Districts – Ajmer, Balotra, Baran, Bhilwara, Bikaner, Bundi, Chittorgarh, Dausa, Dholpur, Ganganagar, Hanumangarh, Jhunjhunu, Jaipur District, Jaipur Metropolitan, Jodhpur District, Jodhpur Metropolitan, Karauli, Merta, Pali, Sawai Madhopur, Sikar, Sirohi, Tonk and Udaipur SOME DISTRICTS HAVE ASKED FOR FUNDS FOR MAKING THE CENTRES WHICH ARE CURRENTL Y TEMPORAR Y INTO Temporary arrangements for Vulnerable Witness Deposition Courts made in 10 Districts - Alwar, Banswara, Bharatpur, Churu, Jaisalmer, Jalore, Jhalwar, Kota, Pratapgarh and Rajsamand. No Centre established - Dungarpur PERMANEN
T. NO INFORMATI ON AVAILABLE ON GRANT OF FUNDS.
3. Gujarat [SEPARAT E VOLUME 9 [No. of District Courts = 34] 05.02.20 24 NIL NO AVAILABLE 24 VULNERABLE DEPOSITION CENTERS FUNCTIONAL In 33 Judicial districts, vulnerable deposition centers have been planned. 7 district deposition centers are ready for inauguration by the end of February 2020. 2 districts Mahisagar and Narmada, new building for district and sessions court is under construction and vulnerable deposition centers under construction in newly constructed court buildings.
NO INFORMATI ON AVAILABLE
4. Delhi High Court [SEPARAT E VOLUME 2 No. of District Courts = 6] 20.01.20 10 NIL DELHI HIGH COURT HAVE CREATED THEIR OWN GUIDELINES.
FOR RECORDING OF EVIDENCE OF VULNERABL E WITNESSES IN CRIMINAL MATTERS. 6 COURT COMPLEXES VULNERABLE DEPOSITION CENTRES ARE ESTABLISHED – TOTAL 10 WITNESS DEPOSITION COURTOOMS Rouse Avenue District Court – vulnerable witness deposition centre is not established because at present, only CBI and Labour court are functioning. S.N o Court Complex District No. of vulnerable witness deposition courtrooms established No. of vulnerable witness deposition courtroom s to be establishe d
1. Tis Hazari Central 1 3 West 0
2. East 2 6 NO INFORMATI ON AVAILABLE Karkardoom a North- East Shahdara 0
3. Dwarka South- West 2 NIL
4. Rohini North- West 2 NIL North 0
5. Patiala House New Delhi 1 NIL
6. Saket South 2 NIL South- East
7. Rouse Avenue (not yet district court) New Delhi N/A N/A
5. Orissa [Pg. No. 53 [No. of District Courts = 30] 21.01.20 9 NIL NO AVAILABLE 9 VULNERABLE WITNESS DEPOSITION COMPLEXES HAVE BEEN SET UP 9 districts where vulnerable witness deposition complexes have already been set up – e.g., Boudh, Cuttack, Dhenkanal, Ganjam, Jajpur, Khurda, Phulbani, Sambalpur and Sonepur. In 7 districts, no space is available for setting up such complexes – e.g., Bhadrak, Deogarh, Jagatsinghpur, Jharsuguda, Keonjhar, Nuapada, Rayagada. Collector and the executive engineer of other districts have been requested to take necessary steps for construction of vulnerable witness deposition complexes in their districts.
NO INFORMATI ON AVAILABLE
6. Madras [Pg. No. 37- 02.01.20 6 NIL NO 6 CHILD FRIENDLY DEPOSITION COURT ESTABLISHED Child Friendly Deposition Court established at City Civil Court Complex, Chennai GOVERNME NT HAS SANCTIONE D AMOUNT ONLY FOR [No. of District Courts = 32] Work completed for creation of Child Friendly Environment in Mahila Courts in 5 districts viz. Coimbatore, Salem, Madurai, Trichy, Tirunelveli Funds sanctioned for setting up Vulnerable Witness and Child Witness Examination Centers in the Combined Court Building Campus at Tiruvannamalai - Construction to be commenced Proposal for sanction of funds pending for construction of Vulnerable and Child Witness Examination Centers in Combined Court Building Campus at Salem, Karur, Tiruvallur, Trichy and Krishnagiri Construction of Centers at Combined Court Building Campus at Vellore, Theni and Perambalur are pending consideration before High Court Committee for 15th Finance Commission approved establishment of 70 Vulnerable Witness Deposition Courts in 61 places in the State – All Principle District Judges/District Judges directed to set up Centers SOME DISTRICTS WHILE OTHERS ARE STILL AWAITING FUNDS.
7. Punjab & Haryana [SEPARAT E VOLUME 6 [No. of District Courts in Punjab = 22] 21.12.20 NIL NIL NO AVAILABLE CHANDIGARH – 1 VULNERABLE WITNESS CENTER Vulnerable Witness Center established in the Judicial Courts Complex, Chandigarh PUNJAB - VULNERABLE WITNESS CENTERS ESTABLISHED IN 5 OUT OF 20 DISTRICTS Vulnerable Witness Centers established in 5 districts – Patiala, Bathinda, Fatehgarh Sahib, Kapurthala and S.A.S. Nagar Cost estimate has been approved by the Building Committee, Punjab for establishment of a Vulnerable Witness Center at Sangrur Cost estimates under consideration by the Building Committee, Punjab for establishment of Vulnerable Witness STATE HAS GRANTED FUNDS FOR SOME DISTRICTS.
COST ESTIMATE PENDING IN SOME IN OTHER DISTRICTS, FINANCIAL SANCTION YET TO BE GRANTED. [No. of District Courts in Haryana = 21] NIL Centers at 5 districts – Ferozepur, Gurdaspur, Barnala, Mansa and Sri Mukatsar Sahib Cost estimate under preparation for 4 districts – Moga, Fazilka, Tarn Taran, Pathankot Provision to be made for establishment of Vulnerable Witness Deposition Centers in the Judicial Courts Complexes under construction/proposed in 5 districts- Hoshiarpur, Jalandhar, Ropar, S.B.S. Nagar and Khanna HARYANA – 2 VULNERABLE WITNESS DEPOSITION CENTERS HAVE BEEN ESTABLISHED Centers established at Kurukshetra and Sirsa Architectural drawing approved by the Building Committee, Haryana at Bhiwani, Faridabad and Rohtak Architectural drawing pending before the Building Committee, Haryana at Narnaul Architectural drawing under consideration by the Court at Palwal Layout plan approved by the Building Committee, Haryana at Kaithal Cost estimate pending approval before the Building Committee, Haryana for establishment of Vulnerable Witness Centers at the Judicial Court Complex at Jagadhri in District Yamuna Nagar and at Jhajaar Cost estimate for audio-video conferencing system at the Vulnerable Witness Centre in the Judicial Courts Complex, Panipat has been approved by the Building Committee, Haryana and is pending before the Government of Haryana for administrative approval and allotment of funds For other Districts in Haryana, matter is under consideration before the Building Committee of the Court
8. Karnataka 20.12.20 4 1 NO AVAILABILITY OF VULNERABLE WITNESS DEPOSITION COURTS IN 4 OUT OF 30 DISTRICTS NO INFORMATI ON AVAILABLE [SEPARAT E VOLUME 4 [No. of District Courts = 30] Vulnerable Witness Deposition Court Rooms available in 3 districts (out of 30 districts) i.e. Bengaluru City, Bengaluru Rural and Ballari District, Raichur DISTRICT HASSAN - Court room designated to try POCSO Act cases (provided with child friendly environment, partition room in the Court hall with one-way glass, attached waiting room with toilet) can be used as a Vulnerable Witness Deposition Court DISTRICT KODAGU-MADIKERI - 1 Court Room in the newly constructed District Court building (scheduled to be completed by December 2019) can be used as a Vulnerable Witness Deposition Court DISTRICT SHIVAMOGGA - Modifications proposed to court room designated to try POCSO Act cases to function as a Child Friendly as well as Vulnerable Witness Deposition Court DISTRICT CHAMARAJANAGAR - Cost estimate has been prepared and submitted by PWD, Chamarajanagar for alteration of ADR room into a Vulnerable Witness Deposition Court REMAINING 22 DISTRICTS – Provisions have been made, in consultation with the State Govt., for suitable space/accommodation for establishing Vulnerable Witness Deposition Courts
9. Madhya Pradesh [SEPARAT E VOLUME 5 [No. of District Courts = 50] 16.1.202 4 NIL MADHYA PRADESH HAS FORUMLATE D ITS OWN GUIDELINES: NORMS FORMULATE D REGARDING CONSTRUCTI VULNERABLE WITNESS DEPOSITION CENTERS ESTABLISHED = 4 DISTRICTS Vulnerable Witness Deposition Centers established in 4 Districts – Jabalpur, Katni, Bhopal and Ujjain Construction of 15 Vulnerable Witness Deposition Centers in progress in 8 Districts – Vidisha, Rewa, Dewas, Indore, Shajapur, Hoshangabad, Mandla and Umaria Tender process pending completion for 11 Centers – 6 Districts Proposal for 19 Centers in 12 Districts – Pending Administrative and Financial Sanction STATE HAS GRANTED FUNDS FOR SOME TENDER PROCESS PENDING IN SOME IN OTHER ON OF CHILD- FRIENDLY COURTS/VUL NERABLE WITNESS COMPLEX IN VARIOUS DISTRICT AND TEHSIL PLACES OF THE STATE OF MP – APRIL 2017 Detailed Project Report (DPR)/Plans – Pending in other Districts DISTRICTS, FINANCIAL SANCTION YET TO BE GRANTED.
10. Jharkhand [Pg. No. 16- [No. of District Courts = 24] 11.12.20 3 4 NO TOTAL = 24 DISTRICTS COURTS PERMANENTLY ESTABLISHED = 3 TEMPORARY ARRANGEMENTS MADE = 4 Vulnerable Witness Deposition Court set up – Khunti (complete provisions yet to be made); Pakur; Ramgarh Temporary arrangement done for Vulnerable Witness Deposition Courts at Deoghar; Dumka (temporarily POCSO Court being used); Latehar (temporary arrangements made in Court of District & Addnl. Sessions Judge and District & Addnl. Sessions Judge-I, Latehar) POCSO Courts established as Vulnerable Witness Deposition Courts – Garhwa No provision for Vulnerable Witness Deposition Courts – Dhanbad; Giridh (POCSO Court established); Godda; Hazaribag (temporarily using curtains); Lohardaga (temporarily using curtains); Jamtara (presently using video conferencing room); Palamau at Daltonganj (temporarily video conferencing hall being used); Seraikella Kharsawan; Simdega Cost estimate sent for setting up Vulnerable Witness Deposition Courts at Civil Court, Bokaro (2 Courts) and Sub- ESTIMATIO N COST HAS BEEN SENT FOR SETTING UP VULNERAB LE WITNESS DEPOSITION CENTRES IN SOME THEY ARE STILL AWAITING THE FUNDS. Divisional Civil Courts, Bermo at Tenughat (2 Courts); Chatra; Koderma; Sahibaganj (temporarily using POCSO Court) – pending approval Map planning pending for Vulnerable Witness Deposition Courts - East Singhbhum, Jamshedpur Map approved for Vulnerable Witness Deposition Court – Gumia Construction in progress of Vulnerable Witness Deposition Court in new Civil Courts, Ranchi – Likely to be completed soon (temporarily using curtains) Lay out plan submitted for construction of new Court Complex – West Singhbhum, Chaibasa
11. Uttarakhan d High Court [Pg. No. 27- [No. of District Courts = 13] 13.12.20 2 NIL NO VULNERABLE WITNESS DEPOSITION COURTS ESTABLISHED IN 2 OUT OF 13 DISTRICTS Vulnerable Witness Deposition Courts established in 2 districts out of 13 Districts in the State of Uttarakhand– Chamoli and Champawat Not yet established in remaining 11 districts – Almora, Bageshwar, Dehradun, Haridwar, Nainital, Pauri, Pithoragarh, Rudraprayag, Tehri Garhwal, Udham Singh Nagar and Uttarkashi NO INFORMATI ON AVAILABLE
12. Tripura [Pg. No. 36 [No. of District Courts = 8] 09.12.20 2 NIL NO 2 VULNERABLE WITNESS DEPOSITION CENTER Vulnerable Witness Deposition Center established at Udaipur, Gomati Judicial District State Government approached for release of funds for setting up the Vulnerable Witness Deposition Center at Agartala, West Tripura Judicial District Vulnerable Witness Deposition Centers to be established gradually in other Districts.
STATE GOVERNME NT HAS RELEASED FUNDS ONLY FOR TWO DISTRICTS AND WAS APPROACH ED FOR RELEASE OF FUNDS IN OTHER
13. Meghalaya [Pg. No. 30- [No. of District Courts = 11] 25.10.20 2 NIL GUIDELINES FOR RECORDING OF EVIDENCE OF VULNERABL E WITNESSES IN CRIMINAL MATTERS HAVE BEEN DRAFTED BUT HIGH COURT HAS STILL NOT YET NOTIFIED THE GUIDELINES. 2 VULNERABLE WITNESS CENTERS HAVE BEEN 2 Vulnerable Witness Centers established at Shillong and Tura District Courts [Govt. of Meghalaya, Law Dept. Notification No. LR (B)43/2017/Pt.I/1064 dated 19.1.2018] Commissioner and Secretary, Govt. of Meghalaya, Law Dept. to set up Vulnerable Witness Centers in other Districts in the State [Letter No. HCM II/214/2017/Estt. /31 dated 22.10.2019] NO INFORMATI ON AVAILABLE
14. Jammu and Kashmir [Pg. No. 12- [No. of District Courts = 20] 25.10.20 1 NIL NO AVAILABLE 1 VULNERABLE WITNESS DEPOSITION COURT 1 Vulnerable Witness Deposition Court established – District Court, Srinagar Steps undertaken for setting up Vulnerable Witness Deposition Courts in other Districts NO INFORMATI ON AVAILABLE
15. Patna High Court [Pg. No. 1- 4] 10.12.20 1 NIL HIGH COURT LETTER NO. 87051/SUPRE ME COURT 1 VULNERABLE WITNESS DEPOSITION COURT NOT AVAILABLE [No. of District Courts = 37] DEPARTMEN T DATED 15.12.2017 AND HIGH COURT LETTER NO.91669/SUP REME COURT DEPARTMEN T DATED 02.12.2019. Vulnerable Witness Deposition Court established – Civil Court, Patna Architectural Map pending for construction of Vulnerable Witness Deposition Court – Civil Court, Bhagalpur
16. Himachal Pradesh [SEPARAT E VOLUME 3 [No. of District Courts = 11] 4.1.2020 NIL 3 HIMACHAL PRADESH ADOPTED THE AS FRAMED BY THE HIGH COURT OF DELHI.
VULNERABLE WITNESS DEPOSITION CENTER ESTABLISHED – NIL No Vulnerable Witness Deposition Center established – Chamba (presently examined in camera in child friendly environment); Solan (Layout plan approved for construction of child friendly environment in POCSO Court); Kullu (no provision for Vulnerable Witness Deposition Centers or child-friendly courts); Bilaspur and Ghumarwin in District Bilaspur; Shimla (child friendly courts are functional); Mandi (Issue regarding establishment of Vulnerable Witness Deposition Centers being discussed with District Administration); Hamirpur (no provision for Vulnerable Witness Deposition Centers or child-friendly courts); Kinnaur at Rampur Bushahr (temporary provisions made for child-friendly courts); Vulnerable Witness Deposition Centers temporarily set up – Kangra at Dharamshala; Sirmaur at Nahan (no provision for child friendly courts to try POCSO Act case – presently cases of juveniles are taken up in chamber by the Principal Magistrate, Juvenile Justice Board/ Judicial Magistrate, 1st Class); Una (no separate provision for child-friendly courts – presently cases of juveniles are taken up by the Principal Magistrate, Juvenile Justice Board/Addnl. CJM at Observation Home, Una)
NO INFORMATI ON AVAILABLE
17. Chhattisga rh High Court [Pg. No. 11 [No. of District Courts = 25] 17.12.20 NIL 3 NO AVAILABLE 3 TEMPORARY VULNERABLE WITNESS DEPOSITION CENTERS ESTABLISHED 3 temporary Vulnerable Witness Deposition Centers established– Bilaspur, Raipur, Dantewada District (equipped with witness box with curtains, separate waiting room with drinking water facility, toilet, sofa/chairs for sitting, female attendant) 3 SPECIAL CENTERS SET UP 3 Special Centers at Bilaspur, Raipur, and Dantewada districts Infrastructure available at these special centers - Witness box covered with curtains. - Friendly environment for the vulnerable witnesses during deposition. Presence of Family members and female attendants during deposition/evidence for vulnerable witnesses in criminal matters as well as POCSO, and offences relating to women cases.
NO INFORMATI ON AVAILABLE
18. Guwahati [SEPARAT E VOLUME Pg. No. 1, 1A] [No. of District Courts in Assam = 27 Nagaland =11 07.02.20 NIL NIL NO ASSAM: VULNERABLE WITNESS DEPOSITION CENTER ESTABLISHED = NIL Construction of Vulnerable Witness Deposition Centers is in progress – Udalguri and Goalpara (80% complete); Bijni in Chirang District (50% complete) Construction work of Vulnerable Witness Deposition Centers has just been allotted – Tinisukia (70% complete); Mangaldoi (30% complete)
ALL DISTRICTS HAVE ASKED FOR THE FINANCIAL ASSISTANC E. EACH DISTRICT HAS REQUESTED AN AMOUNT OF RS. 50 LAKHS. Mizoram =8 Arunachal Pradesh = 16] NIL NIL NAGALAND: VULNERABLE WITNESS DEPOSITION CENTER CONSTRUCTED = NIL No Vulnerable Witness Deposition Center constructed NO INFORMATI ON AVAILABLE NIL 5 MIZORAM: VULNERABLE WITNESS DEPOSITION CENTER CONSTRUCTED = NIL No Vulnerable Witness Deposition Center constructed Temporary arrangements made in 5 District Courts NO INFORMATI ON AVAILABLE NIL NIL ARUNACHAL PRADESH: VULNERABLE WITNESS DEPOSITION CENTER CONSTRUCTED = NIL No Vulnerable Witness Deposition Center constructed NO GRANTS HAVE BEEN RECEIVED IN ARUNACHA L PRADESH FOR VWDC.
19. Sikkim [Pg. No. 25- [No. of District Courts = 4] 19.12.20
VULNERABLE WITNESS DEPOSITION CENTRE Construction of Vulnerable Witness Deposition Center at District & Sessions Court Complex, Sichey, Gangtok, East Sikkim – Construction commenced in September 2018 and is 90% complete Construction of Juvenile Justice Board at Namchi – Will include Vulnerable Witness Deposition Center & Waiting Room- Construction commenced in September 2018 and work is in progress - 16% complete Redesigning of District & Sessions Court at Namchi – Will include Vulnerable Witness Deposition Center & Waiting Room- Construction commenced in October 2018 and is scheduled to complete in September 2020 Construction of Addnl. Court building at Gyalshing - Will include Vulnerable Witness Deposition Center, Witness AMOUNT HAS BEEN SANCTIONE D AND WORK IS IN PROGRESS. HOWEVER, STILL SOME BALANCE FUNDS ARE REQUIRED FOR COMPLETIN G THE WORK. Room & Waiting Room - Construction commenced in August 2019 and is scheduled to complete in August 2020 – 35% work complete
20. Calcutta [Pg. No. 29 [No. of District Courts = 22] 06.12.20 State Govt. decided to construct Vulnerable Witness Deposition Centers in Kakdwip, Baruipur, Diamond Harbour Court Complexes in District South 24 Parganas State Govt. granted administrative approval and sanction of funds for Baruipur and Kakdwip Courts Reminder sent to District Judge, South 24 Parganas for issuing cost estimate for establishment of Vulnerable Witness Deposition Center at Diamond Harbour Court FUNDS HAVE BEEN SANCTIONE D FOR SOME COURTS.
21. Kerala [Pg. No. 23- [No. of District Courts = 14] 20.11.20 AVAILABLE Approval of uniform plan for Vulnerable Witness Deposition Centers in Subordinate Courts is pending with ‘Committee for Establishment of Courts, Tribunals and Construction of Court Buildings in the State’ Refurbishing work commenced in POCSO Court, Ernakulam to incorporate child friendly features Proposal for modification of POCSO Court, Thiruvananthapuram and Kozhikode to incorporate child friendly features is pending before High Court NO INFORMATI ON AVAILABLE
22. Andhra Pradesh [Pg. No. 54 17.02.20
AVAILABLE NO VULNERABLE WITNESS DEPOSITION CENTERS ARE ESTABLISHED IN SUBORDINATE COURTS IN STATE OF ANDHRA PRADESH NO INFORMATI ON AVAILABLE [No. of District Courts = 13]
23. Telangana [SEPARAT E VOLUME 8 [No. of District Courts = 10] 24.02.20 AVAILABLE ARE ESTABLISHED IN SUBORINATE COURTS IN STATE OF TELANGANA They have given the estimates for the setup of the vulnerable witness deposition centers in subordinate courts.
FINANCIAL ESTIMATES HAVE BEEN SUBMITTED BY THE DISTRICT COURTS.
24. Allahabad [SEPARAT E VOLUME 7 [No. of District Courts = 75] 20.12.20 AVAILABLE ARE ESTABLISHED IN SUBORINATE COURTS Two judgeships at Allahabad and Lucknow have been identified for Child Witness Friendly Court cum Vulnerable Witness Deposition Centers. Drawings and design made by Delhi High Court to be followed for establishment of these centres.
STATE GOVERNME NT HAD RELEASED AMOUNT FOR LUCKNOW BUT IT IS PENDING FOR ALLAHABA D.