New Delhi: The Supreme Court Tuesday directed that testimony of children, who are victims of child trafficking, is recorded through video conferencing either at the district court complex or the office of the District Legal Services Authority in the district where the child is residing.
A bench comprising Justices L Nageswara Rao and B R Gavai said it was concerned with obviating difficulties to victims of trafficking concerning travelling long distances to give evidence in trial courts.
The top court said that the suggestions made by the amicus curiae, relating to the Standard Operating Procedure, should be put in practice as a regular feature and the procedure need not be restricted only to the period affected by the COVID-19 pandemic.
"We direct that the SOP shall be followed in all criminal trials where child witnesses, not residing near Court Points, are examined and not physically in the courts where the trial is conducted. We direct the Remote Point Coordinators (RPCs) to ensure that child-friendly practices are adopted during the examination of the witnesses," the bench said.
The apex court also said that the RPCs shall be paid Rs.1500 per day as honorarium after the lawyer for National Legal Services Authority (NALSA) said that it has agreed to pay the amount whenever the RPC is required for examination of the child witness(es) through video conferencing.
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"We appreciate the stand taken by NALSA to strengthen the video conferencing facilities in DLSA offices in the States of Uttar Pradesh, Bihar, West Bengal, Odisha, and Assam, to begin with, to ensure that in case video conferencing facility in the court complex is not available, video conferencing facility in DLSA office can be utilized for recording of the evidence of the child witness," the bench said.
The concerned judicial officer at the Remote Point and the trial Court shall ensure that the recording of evidence shall be in camera wherever necessary, the bench said.
"NALSA has also come forward to place the details regarding the availability of video conferencing facility for recording of statement of child witnesses in the offices of DLSA and court complex and the name and contact number of the RPC on its website and the website of State Legal Services Authority (SLSA) by April 30, 2022," the apex court noted.
The matter is now listed for the next hearing on May 2, 2022.
The top court noted that according to data released by agencies the problem of Child Labour in India is persisting in spite of the best efforts of the Government.
"COVID-19 had a devastating effect on children from the lower strata of society who have been suffering due to the loss of employment of their parents & closure of schools which has forced them into labour for survival. We have highlighted the problem for the purpose of reiterating the importance of protection of children and rescuing and rehabilitating them," the bench said.
PTI
