In Re Children in Street Situation

Ratio Decidendi

The Court recognized the difficulties of survivors of trafficking with respect to travelling long distances for the purpose of giving evidence in trial courts, especially during the COVID-19 Pandemic and adopted a Standard Operating Procedure (‘SOP’) for the effective recording of the child’s testimony through video conference. The SOP suggested that testimony of children, who are victims of interstate/inter-district child trafficking, be recorded through video conferencing either at the video conferencing room of the court complex in the district, the vulnerable witness room in the court complex of the district, or the office of District Legal Services Authority (“DLSA”) in the district where the child is residing. It would be the duty of District Judges to ascertain the availability of video conferencing facility in the district/Taluk court complex or DLSA office. The court also directed that the practice continue beyond the pandemic and be followed in all criminal trials where child witnesses who do not reside near the Court are examined.

Case Notes

Facts

The case originated from a writ petition during the COVID-19 pandemic, wherein it was recognised that around 2 Lakh children in major cities were children in street situations. Given the magnitude of the problem and noting the provisions within the Juvenile Justice (Care and Protection) Act, 2015, the Court directed the Registry to file a Suo Moto Petition and to ensure the formulation and implementation of guidelines for children in need of care and protection across the country.

Judgment

The Court in the case accepted the suggestions made by the Amicus Curiae relating to the Standard Operation Procedure (“SOP”) for the recording of statements of child witnesses and victims through video conferencing. The Court further held that the procedure should be made a regular feature and not be restricted only to practice during the COVID-19 pandemic. The Amicus Curie suggested the recording of testimonies of child victims through video conferencing room or vulnerable witness room present in the district office of the District Legal Services Authority (“DLSA”). These suggestions included the establishment of the Secretary, DSLA as the Remote Point Coordinator for recording the testimony of the child witness. It further included points for provision of diet money on the basis of the distance travelled by the child to reach the remote point and the presence of police officers at the remote point. Thus, the SOP includes all measures possible to create enough safeguards for recording child testimonies in regards to the mode of video conferencing.