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Across the globe, witnesses of the criminal cases mainly had been violated all the time, threatened about their family, themselves, or their reputation, which became a significant concern in the Orissa state, which then urged the state’s government to implement a scheme. Reasons for witnesses turning hostile were that they have seen everything about that specific crime and are ready to confirm it in front of the court. From the old days until now, the government has provided security, if applicable, in many criminal cases to the witnesses but never implemented it as a scheme.
Human rights violation of Witness
No matter where you are in the whole world, if you have seen everything related to the case, you come into the eye of the person against whom you are going to confirm the action. Authorities provided no privacy or confidentiality to the Witness of the case, which could lead to their safest trial speaking. The Witness due to these privacy concerns and confidentiality. As a result, it became one of the many reasons witnesses turned hostile. These many concerns and violations of basic human rights of the Witness caused many challenges towards witness protection to the government of the state or the centre(if the case is in the supreme court).
Government work to sustain and reduce human rights violations of the Witness
The Orissa government made the witness protection scheme to sustain and reduce these human rights violations and challenges towards witness protection. With the positive aim of this protection scheme, the government had scope to reduce the reasons for witnesses turning hostile and maintain their fundamental human rights.
The witness protection scheme highlighted the points and challenges faced by the legal authorities to protect the Witness of the case in any situation. For example, if there is a complaint by the Witness against the accused of the subject or they’re relatively related to the case, authorities have the right to protect the Witness.
The government made competent authorities through the scheme, which directly reduces the reasons for witnesses turning hostile and being violated of their fundamental human rights, with the judge of session court and district court as chairpersons and the head of the district police as a member with the charge of the prosecution as secretary of the committee.
Brief about the witness protection scheme
Being the live proof of the criminal case is one of the many reasons the Witness turned hostile. Orissa’s government-controlled diminished and removed it by introducing the witness protection scheme. After a point in Orissa where a witness named Sadasiba swain filed a petition in the high court seeking protection from the criminal forces in a murder case in Ganjam district. Threatening swain of his life and property. Later HC implemented the supreme court order brought by the state government to implement the witness protection scheme. There are three categories of witness protection and threatening in the witness protection scheme. The first is Category A, which includes the direct threat to the Witness of their own life plus family lives. Category B includes if the Witness has been threatened with his reputation or family, including any threat of property damage. Category C includes moderate threats, including harassment, bullying, and intimidation of the family members or the Witness itself.
Features included in the Witness protection scheme
When the Orissa government introduced and implemented the witness protection scheme, it inspired every state of the country to do so. Reasons for witnesses turning hostile drastically diminished due to the many significant policies of the witness protection scheme. To understand, let us have a brief about all of them:
Introduced that Witness and accused do not come face to face when in a trial, the criminal forces have no idea or assurance about who is the Witness in their case.
According to the authorities, protection is provided to the Witness and their family if needed.
Changing the Witness’s identity for the trial if required to use the name during tests.
Recovery of expenses done by the Witness of the case and relocation if required and preserving the confidentiality and records of the Witness.
Conclusion
Witness protection is a much-needed scheme for every country in the world so that no more cases against the sole Witness and their family are recorded. It is sad to see the family of the person protecting law and order of the country get hurt and then remove their name from the lists of the Witnesses due to various reasons for Witness turning hostile. The Witness protection scheme in Orissa has drastically decreased the violation cases against the Witness of the case or their family. It has provided every type of protection to stay with the matter.
