Daily Current Affairs 22.11.2018: Witness Protection Scheme

Overview: 

The Supreme Court of India has directed all the states to implement the draft witness protection scheme framed by the Centre in consultation with the National Legal Services Authority (NALSA). 

Background:

In April this year, the Centre had informed the top court that it had framed a draft witness protection scheme and it was circulated among the states and Union Territories administration for comments. The court had asked the Centre to finalise the scheme after getting response from the states and Union Territories.

In November last year, the court had asked the Centre as to why a draft scheme cannot be formulated for witness protection in the country when specific provisions in this regard were already there in the National Investigation Agency (NIA) Act. 

Objectives of the Witness Protection Scheme-2018:

• To enable a witness to give testimony in a judicial setting or to cooperate with law enforcement and investigations without fear of intimidation or reprisal.
• To ensure that the investigation, prosecution and trial of criminal offences is not prejudiced because witnesses are intimidated or frightened to give evidence without protection from violent or other criminal recrimination.
• To promote law enforcement by facilitating the protection of persons who are involved directly or indirectly in providing assistance to criminal law enforcement agencies and the overall administration of Justice.
• To give witnesses the confidence to come forward to assist law enforcement and Judicial Authorities with full assurance of safety.
• To identify a series of measures that may be adopted to safeguard witnesses and their family members from intimidation and threats against their lives, reputation and property. 

Need for the scheme:

Victims and witnesses of serious crimes are particularly at risk when the perpetrator is powerful, influential, or rich and the victims or witnesses belong to a socially or economically marginalised community. Girls and women who report sexual violence are often even more vulnerable and face extreme pressure or direct threats from the accused.

Also, witnesses need to have the confidence to come forward to assist law enforcement and prosecutorial authorities. They need to be assured that they will receive support and protection from intimidation and the harm that criminal groups may seek to inflict upon them in attempts to discourage or punish them from co-operating. Hence, legislative measures to emphasise prohibition against tampering of witnesses have become the imminent and inevitable need of the day. 

Sources: the hindu.