Shielding witnesses: on protection scheme
A robust witness protection scheme will strengthen the criminal justice system
The witness protection programme
is at last in
place. Pending legislation by Parliament, the Supreme Court has
asked States to implement a scheme framed by the Centre to protect witnesses in
criminal trials from threat, intimidation and undue influence. Given the abysmal
rate of convictions
in the country, it is inexcusable that it took so long. The need to
protect witnesses has been emphasised by Law Commission reports and court
judgments for years. Witnesses turning hostile is a major reason for most acquittals.
In the current system, there is little incentive for witnesses to turn up
in court and testify against criminals. Besides threats to their lives, they
experience hostility and harassment while attending courts. The tardy
judicial process seldom takes into account the distance they have
travelled or the time they have lost in attending court, only to be told they
have to return another day. As Justice A.K. Sikri points out, the condition of
witnesses in the Indian legal system is “pathetic”, as it takes them for granted.
It is gratifying
that the court has played a proactive role in getting the Centre and the States
to come up
with a concrete proposal. The Centre deserves credit for coming forward to
suggest that its draft witness protection scheme be introduced by judicial
mandate instead of waiting for formal legislation.
In its minutiae the scheme appears workable, but its efficacy
will be confirmed only with the passage of time. It broadly classifies
witnesses in need of protection into three types based on the threat
assessment. A witness protection order will be passed by a competent authority.
The scheme is to be funded by budgetary support from State governments and
donations. This is at variance with the Law Commission’s
recommendation in 2006 that the Centre and the States share the cost equally.
Basic features such as in camera trial, proximate physical protection and anonymising of
testimony
and references to witnesses in the records are not difficult to implement. The
real test will be the advanced forms of identity protection: giving witnesses a
new identity, address and even ‘parentage’, with matching documents. All this
needs to be done without undermining their professional and property
rights and educational qualifications. The introduction of the scheme marks a
leap forward. Until now, there have been ad hoc steps such as those
outlined for concealing the identity of witnesses in anti-terrorism and
child-centric laws. A few dedicated courtrooms for vulnerable witnesses, mostly
child victims, are also functional. However, expanding such facilities and
implementing a comprehensive and credible witness protection programme will
pose logistical and financial challenges. It will be well worth the effort, as
the scheme could help strengthen India’s tottering criminal justice system.
01. Robust
(phrasal verb) – powerful, strong, vigorous/tough.
02. In place (phrase) – established, ready, set
up/begin.
03. Intimidation (noun) – frightening,
threatening, oppression.
04. Undue (adjective) – excessive, extreme,
immoderate.
05. Abysmal (adjective) – very bad, poor,
appalling.
06. Convictions (noun) – declaration/pronouncement
of guilt, sentence, judgement.
07. Inexcusable (adjective) – unjustifiable,
indefensible, unforgivable.
08. Hostile (adjective) – aggressive, unfriendly,
belligerent.
09. Acquittals (noun) – declaration of innocence,
clearing/discharge/release, absolution.
10. Incentive (noun) – stimulus, impetus/boost;
payment/concession (made to motive someone).
11. Turn up (phrasal verb) – come, arrive, appear.
12. Tardy (adjective) – slow, sluggish, not to be
done on time/delayed.
13. Take into account (phrase) – consider, bear in
mind, have regard to.
14. Seldom (adverb) – hardly, rarely, almost
never.
15. Pathetic (adjective) – poor/awful, abject,
appalling.
16. Take for granted (phrase) – fail to appreciate
value someone/be thankful to someone.
17. Gratifying (verb) – satisfy, please, give
pleasure to.
18. Come up with (phrasal verb) – propose, put
forward, present.
19. Credit (noun) – commendation, acclaim, praise.
20. Minutiae (noun) – details, niceties/finer
points, particulars.
21. Efficacy (noun) – effectiveness, efficiency,
power/ability to give estimated results.
22. Competent (adjective) – suitable, appropriate;
proficient.
23. At variance with (phrase) – in conflict, in
disagreement, at odds.
24. Anonymising (verb) – remove data/detail from
(something, especially medical test results) for statistical or other purposes
that would establish the identity of a person.
25. Testimony (noun) – evidence, proof,
attestation/witness.
26. Parentage (noun) – origins, roots/derivation,
background.
27. Undermining (verb) – weaken, compromise,
subvert.
28. Ad hoc (adjective) – extemporary, when
necessary, as the need arises.
29. Tottering (adjective) – unsteady,
unstable/insecure; feeble.
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