Chief Justice's pointer

The existing laws of the land do not have any specific provisions to provide protection to either the victims or the witnesses. As a result, victims are continually intimidated by the accused, who force them not to seek the help of law while the witnesses are in a state of constant insecurity, that greatly discourages them from testifying before the court of law. Such a state of affairs has a negative impact on the judicial process as a whole. Needless to say, providing protection to the victims and witnesses is a must to ensure fair trial. When the victims and the witnesses are unwilling to play their due role in the trial process due to insecurity, the outcome will be flawed justice.

There is yet no definition of 'victims' or 'witnesses' in our laws, though some provisions have been incorporated in our legal system to ensure victims' protection. But surely those are not enough. Victims and witnesses have the right to be treated with dignity and respect, to be protected from intimidation and harm, to have privacy and legal shelter if and when required. Human rights organisations, NGOs, civil society and media have already begun a motivational campaign to highlight the need for protecting the victims and witnesses. But the ultimate responsibility lies with the state when it comes to protecting its citizens from harassment and intimidation.

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In view of the existing legal lacunae, we hope the law ministry will immediately take necessary steps to amend the relevant laws.