Recording Of Testimonies Of Child Witnesses Through VC: Supreme Court Asks NALSA To Bear Cost For Honorarium For Remote Point Co-ordinators

While hearing the matter pertaining to the virtual recording of testimonies of child victims/witnesses of human trafficking who are required to travel across states or districts to give evidence in Trial Courts, the Supreme Court, on Monday, asked National Legal Services Authority ("NALSA") to bear the honorarium to be paid to the 'remote point co-ordinators'. To provide NALSA an opportunity to be heard, the Apex Court has sought its response to the same. It is pertinent to note, that as per the draft Standard Operating Procedure ("SOP") for recording testimony of child victims/witnesses through video conferencing, circulated by the Amicus Curiae, Mr. Gaurav Agarwal on 15.01.2021, the Chairperson of the District Legal Services Authority ("DLSA") can, if required, appoint a retired judicial officer as a 'remote point co-ordinator'. However, no mechanism has been provided to ascertain which Government/authority would bear the cost. Therefore, several High Courts have sought the Apex Court's intervention to clarify the same. Senior Advocate, Ms. Anitha Shenoy, appearing for the petitioner, apprised the Bench comprising Justices L. Nageswara Rao and B.R. Gavai that the draft SOP for recording of testimony had been circulated to all the High Courts and the State Governments. Most of the High Courts have also provided their comments which have been separately marked. The Bench was informed that most of the High Courts were in agreement with the said draft SOP and suggested that the procedure should be in line with the various Video Conferencing rules followed by the respective States. As per the said draft SOP - For the purpose of recording testimony, the Video Conferencing room or the vulnerable witness room in the Court complex in the district; or office of DLSA in the district where the child resides can be used; The District Judge of all districts is to ascertain the availability of the Video Conferencing facility in the district, taluk, court complex or DLSA office and communicate the same to the jurisdictional High Court. The High Court may be requested to place the said information on its website on or before 30.04.2022. Efforts are to be made to create Video Conferencing infrastructure facilities in every district, especially those states where incidents of child trafficking cases are high.The Secretary, DLSA can be a remote point co-ordinator for recording of testimony. If the Chairperson of DLSA thinks it fit, they might appoint a retired judicial officer as a remote point co-ordinator. High Courts shall place the requisite information, such as, names, contacts details of remote point co-ordinators on their website along with their information. In inter-district and inter-state child trafficking cases, if the court point and remote point both have Video Conferencing facility, Trial Court should ordinarily give preference to recording testimony through Video Conferencing.The authorised officer at court point should get in touch with the remote point co-ordinator and work out all modalities of recording statements through Video Conferencing.If Video Conferencing is feasible, a date and time is to be fixed by the Trial Court for recording testimony. Summons may be issued to the witnesses to be present before the remote point co-ordinator.Witnesses may be asked to come with identity proof and they can take help of legal aid. Witnesses are entitled to the presence of a support person as defined under POCSO.Best practices in recording of testimony of child witnesses to be followed.The child witness is to be provided money for the distance travelled by them.Assistance of a special educator, interpreter etc. can also be taken, if required. Ms. Shenoy submitted that the source of payment of honorarium to the remote point co-ordinator, which has not been provided for in the SOP, could be taken up and clarified by the Bench. The two broad issues taken up by the Bench - Requisite information to be displayed on the website of High Courts;Source of honorarium paid to the remote point co-ordinator. Requisite information to be displayed on the website of High Courts Ms. Shenoy suggested that a common All India Website could be created that would have all the requisite data. Considering that the same would require some time to be developed, in the meanwhile, she reckoned the information could be put up on the High Courts' website. "One suggestion is whether it is possible to have a common All India website inclusive of all data of court points, remote points, all personnel. At least for the time being this information can be put up on the High Court website." The Bench enquired if DLSAs have their own websites. Ms. Shenoy informed the Bench, "NALSA definitely has its website. Can I be permitted to flag this issue to find out whether DLSAs have websites?" The Bench was of the opinion that the information can be made...

Recording Of Testimonies Of Child Witnesses Through VC: Supreme Court Asks NALSA To Bear Cost For Honorarium For Remote Point Co-ordinators

Sohini Chowdhury

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