HC sad over non-appreciation of its work on sensitive issues

"It is very demoralising for us, when we are not appreciated for our work on sensitive issues, including facility aimed at protecting victims of sexual and other heinous offences," the Delhi High Court today rued.
A bench of Acting Chief Justice Gita Mittal and Justice Anu Malhotra said that much before the December 2012 gangrape case, witness-friendly rooms at trial courts here, called 'Vulnerable Witness Deposition Complex', were set up.
"We are pioneer in this. We want to lead by example for other states," it said, adding that over 3,500 such sexual violence-related victims have deposed since then.
"We have worked a lot and even now in consultation with the Delhi government, we are giving training to doctors in the hospitals here, on how to treat sexually-assaulted victims and talk to them, so that they do not feel unsafe while deposing about the crime committed on them."

The court's observation came during hearing of two PILs seeking time-bound trial and disposal of cases relating to offences against children.
Advocate Gaurav Kumar Bansal, one of the petitioners in the matter, submitted that cases of sexual offences against children are getting delayed in trial courts allegedly due to the Delhi government's failure to provide basic facilities like forensic reports and vulnerable witnesses' rooms.

Apart from the Delhi government's alleged failure to provide forensic reports on time or more vulnerable witnesses rooms, another petitioner -- NGO Bachpan Bachao Andolan -- listed out other alleged deficiencies in implementation of the Protection of Children from Sexual Offences (POCSO) Act leading to delay in trial of such matters.

To which the bench said, the high court has been working on these issues and has done a lot.
It asked advocate Bansal to visit all district courts here and inform the court about the measures taken with regard to the implementation of the POCSO Act.
"Unless you give the exact status of the issue, how can we issue a meaningful direction," the bench asked.
It, however, directed the AAP government to file a status report, indicating the steps they have taken to give facilities to public prosecutors of the trial courts here.
"Are our prosecutors competent enough to face with the best luminaries before them in criminal cases," it asked the counsel for the Delhi government.

The court fixed the matter for July 25.
The petitioners have claimed that the shortcomings also include absence of a list of qualified experts like translator, interpreter, special educator or person familiar with communication mannerism of a child, whose assistance could be taken by the POCSO courts.
They further claimed that as POCSO courts also dealt with matters related to Maharashtra Control of Organised Crime Act, SEBI and Drugs and Cosmetics, the pendency was "heavy" and the victims also get exposed to the accused in such cases.
Taking note of which, the bench observed that they are conscious of this fact and taking steps in this regard.

Detailing the benefits of 'Vulnerable Witness Deposition Complex', Justice Mittal said, "We have created a facility so that the witness shall depose in the court room, while the accused is in the adjacent room with a one-way glass so that he can view and hear the proceedings.
"An audio link is provided so he can give instructions to his lawyer." she said.
"To make the path less traumatic for the witnesses and the victims, it has to be accompanied by a sensitised judiciary, compassionate prosecutors and more ethical defence," the bench added.