Annual Report - National Human Rights Commission

Annexure 12
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Victims are considered only as witnesses and nothing more. There is no specific attention to the
victim’s welfare, remedies, redressal, security and rights. This calls for a paradigm shift — to a
human rights approach. The recent US legislation on the subject of victim assistance (Victims of
Trafficking and Violence Protection Act of 2000) is an example. A similar provision is also
available in the recently enacted Pakistani law on the subject (Section 6, Prevention and Control
of Human Trafficking Ordinance, 2002). Every effort should be made to prevent further
victimization of the victim as well as to protect her human rights. The report of the Expert
Committee on Custodial Justice to women prisoners, constituted by the DWCD in 1986–87, has
also brought out several proposals on the treatment of women and girls in the criminal proceedings.
This report also needs to be considered while framing victim assistance programmes.
Anonymity of the Victim
In order to protect the identity of the victim, publicity and photographs should be banned under
the law. Provision of anonymity prescribed under 228A IPC to rape victims should be extended
to victims of trafficking.
In-camera Trial
All cases of trafficking should mandatorily be in-camera trials. Section 327 of the CrPC which
provides for in-camera trials for rape cases should be extended to cases under ITPA. This saves
the victim from publicity, from intimidation and thereby, protects her rights. In State of Punjab vs
Gurmit Singh (1996 2 SCC 384), the Supreme Court has held that trials for rape cases ought to
be held in-camera, as a rule, and open trials can only be the exception.
Counsellors
There is need of a legal provision providing for one or two counsellors to assist the victim during
the entire proceedings. If the victim cannot afford to bear the expense and no agency comes
forward to help her, the court may order the district administration to bear the cost in this regard.
Similarly, the procedures for ensuring proper care and reception of the victims, especially in the
post-rescue situations, need to be specifically brought into the law.
Recall of the Rehabilitated Victim
Once the victim is rehabilitated, it is not in her interest to recall her to the court of law for any
purpose including evidence, as she is compelled to relive the trauma and indignity. Therefore, it
would be better to take into consideration the statement given by her before repatriation and act
accordingly. If, however, her recall is necessitated, it should be done in such a way that it causes
least harm to her. Dislocating her from the rehabilitated ambience usually causes serious problems.
Therefore, if her statement is to be recorded, or evidence taken, it should be done in commission
or through video conferencing at an appropriate place which would create least disturbance and
discomfort to the person concerned. The Supreme Court has held in State of Maharashtra vs
Praful Desai (2003 4 SCC 601) that the recording of evidence by way of video conferencing
might be done in cases where the attendance of the witness cannot be ensured without delay,
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