Asaram case: India urgently needs a witness protection law
What's the story
Three witnesses were killed, at least six grievously attacked and several others injured to protect self-styled godman Asaram from getting convicted of raping a 16-year-old disciple at his Jodhpur ashram in August 2013. Asaram's trial is a fresh reminder of how India urgently needs to formulate a witness protection law, especially in criminal cases. Asaram was found guilty and awarded life imprisonment on Wednesday.
Recommendations
No action despite Supreme Court, Law Commission recommendations
It has been about 12 years since the Law Commission submitted its recommendations to the government in August 2006, urging a framework for both witness and identity protection. The Supreme Court also asked the home ministry last year to prepare a witness protection scheme. "We understand there are lakhs of cases, but it can be done for sensitive cases," the SC had said.
Inaction
Issue pending with Ministry of Home Affairs
Even the National Investigation Agency (NIA) asked the Ministry of Home Affairs to draft a requisite law providing security cover to witnesses in dangerous cases. "Witnesses need protection, especially in terror cases. We had also given details of witness protection regimes in other countries. The matter is pending with the ministry," NR Wasan, former NIA special director general, told Hindustan Times.
Solution
Witnesses should depose without fearing for life or property
It's not just about witnesses getting killed. Constant death threats/harassment and no support/protection from the government often turns witnesses hostile, forcing them to drop out. "The law has to balance right of the accused as against the need for fair administration of justice, where victims/witnesses depose without fear/danger to their lives/property or those of their relatives," the Law Commission said in its 2006 report.
Do you know?
Witnesses turned hostile in Jessica Lall's murder case too
Remember the sensational Jessica Lall murder case? How several key witnesses had turned hostile in the absence of any legal cover and how despite it, Jessica's fashion designer friend Malini Ramani had testified against accused Manu Sharma in July 2001?
Way out
It's about time India understood the importance of protecting witnesses
Why should speaking out be so dangerous? Why should people suffer in trying to ensure justice prevails? Why should lives be endangered in sending criminals to jail? Why? Before Wednesday's landmark verdict, Mahendra Chawla, a witness, had alleged constant death threats from Asaram's supporters. Asaram's isn't India's first high-profile criminal case. It certainly won't be the last. It's time India worked on the answers.