By Sahil Makkar, IANS
New Delhi : Prominent lawyers, police and rights activists have hailed a Delhi court's decision to hold a rape trial through videoconferencing, saying this method should apply to all rape cases to minimise the harassment of victims.
Rohini court trial judge Narotham Kaushal last week directed trial via videoconferencing to avoid a 12-year-old rape victim coming face to face with her father, the accused.
Kaushal was convinced that having the father in the courtroom could hinder the girl from deposing fearlessly. The man allegedly assaulted the motherless teenager for over a month in their Sultanpuri home in northwest Delhi.
"The initiative taken by the court is extremely appreciable and other courts in the country should also consider the same when dealing with rape cases. Trial through videoconferencing is completely legal under the criminal justice system and has absolutely nothing wrong in it," said well-known criminal lawyer R.K. Anand.
"This would certainly protect the victims from undergoing mental harassment, which they generally experience during the strenuous trial and cross-examination," Anand told IANS.
He said apart from videoconferencing, the proceedings should also be held in-camera, which keeps the public and media out.
"A victim doesn't open up or feel secure in the presence of unknown people during cross-questioning. They feel hesitant about narrating the incident."
According to Supreme Court lawyer Prashant Bhushan, the courts have been using this method for some time, but a decision on using videoconferencing is certainly overwhelming.
"The victim would feel more safe and comfortable if she does not directly confront the accused. It would be a good idea to practise the same in other cases too," Bhushan said.
Sensing the sensitivity of child rape cases in the country, the National Human Rights Commission (NHRC) too had come up with certain guidelines for their speedy disposal.
According to the commission, certain steps should be followed while dealing with child rape cases, such as recording of the victim's statement by a woman officer at the victim's home instead of a police station.
"It is of vital importance that the reporting officer ensures that the child victim is made comfortable before proceeding to record the complaint. This would help in ensuring accurate narration of the incident, covering all relevant aspects of the case," the NHRC said.
The commission also drafted some guidelines to be followed in trial courts.
"The atmosphere in the court should be child friendly and, if possible, the recordings be done in videoconferencing in a conducive manner so that victim is not subjected to the accused being in close proximity," the NHRC added.
Deputy Commissioner of Police Manish Aggarwal (northwest Delhi) went one step ahead by saying trial via videoconferencing would certainly help in building the victim's confidence in the judicial system.
"It should be welcomed as the victim would be directly insulated from the culprit. It will certainly take away the threat and the negative influence from the sufferer's mind," Aggarwal told IANS.
Aggarwal said it would also help police and jail officials, as there is a high risk involved in ferrying a prisoner from a jail van to court.