Topic Of The Day:-“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.
MEANINGS AND WORDS
1) implement
Meaning : a tool, utensil, or other piece of equipment that is used for a particular purpose(n).
Synonyms : achieve
Antonyms : ignore
Example : “garden implements”
2) trials
Meaning : a formal examination of evidence by a judge, typically before a jury, in order to decide guilt in a case of criminal or civil proceedings.
Synonyms : effort
Antonyms : abstention
Example : “the newspaper accounts of the trial”
3) intimidation
Meaning : the action of intimidating someone, or the state of being intimidated.
Synonyms : coercion
Antonyms : encourage
Example : “the intimidation of witnesses and jurors”
4) undue
Meaning : unwarranted or inappropriate because excessive or disproportionate(adj).
Synonyms : extreme
Antonyms : appropriate
Example : “this figure did not give rise to undue concern”
5) abysmal
Meaning : extremely bad; appalling.
Synonyms : complete
Antonyms : low
Example : “the quality of her work is abysmal”
6) convictions
Meaning : a firmly held belief or opinion.
Synonyms : feeling
Antonyms : distrust
Example : “she takes pride in stating her political convictions”
7) hostile
Meaning : showing or feeling opposition or dislike; unfriendly.
Synonyms : adverse
Antonyms : agreeable
Example : “a hostile audience”
8) acquittals
Meaning : a judgement or verdict that a person is not guilty of the crime with which they have been charged(n).
Synonyms : absolution
Antonyms : retention
Example : “the trial resulted in an acquittal”
9) tardy
Meaning : delaying or delayed beyond the right or expected time; late.
Synonyms : belated
Antonyms : early
Example : “please forgive this tardy reply”
10) gratifying
Meaning : give (someone) pleasure or satisfaction(v).
Synonyms : enchant
Antonyms : depress
Example : “she was gratified to see the shock in Jim’s eyes”
11) proactive
Meaning : (of a person or action) creating or controlling a situation rather than just responding to it after it has happened(adj).
Synonyms : aggressive
Antonyms : idle
Example : “employers must take a proactive approach to equal pay”
12) deserves
Meaning : do something or have or show qualities worthy of (a reaction which rewards or punishes as appropriate(v).
Synonyms : earn
Antonyms : fail
Example : “the referee deserves a pat on the back”
13) minutiae
Meaning : the small, precise, or trivial details of something.
Synonyms : incidental
Antonyms : generality
Example : “the minutiae of everyday life”
14) efficacy
Meaning : the ability to produce a desired or intended result.(v)
Synonyms : competence
Antonyms : inadequacy
Example : “there is little information on the efficacy of this treatment”
15) competent
Meaning : having the necessary ability, knowledge, or skill to do something successfully(adj).
Synonyms : adequate
Antonyms : impotent
Example : “a highly competent surgeon”
16) proximate
Meaning : nearly accurate; approximate.
Synonyms : direct
Antonyms : distant
Example : “he would try to change her speech into proximate ladylikeness
17) testimony
Meaning : a formal written or spoken statement, especially one given in a court of law.(n)
Synonyms : affidavit
Antonyms : denial
Example : “the testimony of an eyewitness”
18) concealing
Meaning : not allow to be seen; hide.
Synonyms : obscure
Antonyms : disregard
Example : “a line of sand dunes concealed the distant sea”
19) vulnerable
Meaning : exposed to the possibility of being attacked or harmed, either physically or emotionally.(adj)
Synonyms : accessible
Antonyms : protected
Example : “we were in a vulnerable position”
20) pose
Meaning : present or constitute (a problem or danger)(v).
Synonyms : posture
Antonyms : reality
Example : “the sheer number of visitors is posing a threat to the area”
21) tottering
Meaning : move in a feeble or unsteady way.
Synonyms : suspect
Antonyms : strong
Example : “a hunched figure tottering down the path”
