Answer By law4u team
Domestic violence survivors often face threats and intimidation from abusers during or after legal proceedings. To safeguard such vulnerable witnesses, India has witness protection programs that provide security measures ranging from police protection to relocation and identity confidentiality. Though witness protection is not a widespread formal scheme across all states, many police departments and courts recognize the necessity to protect DV survivors as witnesses to ensure justice and prevent further harm.
Key Aspects of Witness Protection for DV Survivors
What Is Witness Protection?
Witness protection programs aim to shield survivors from intimidation, harassment, or physical harm by providing safety and confidentiality.
Protection can include police security, safe houses, change of identity, or relocation to safer locations.
Legal Framework in India
While India does not yet have a comprehensive nationwide witness protection law, some states have their own schemes (e.g., Witness Protection Scheme in Karnataka).
Courts have the power to order police protection or other measures under Section 11 of the Protection of Women from Domestic Violence Act (PWDVA) and relevant provisions of CrPC.
The Supreme Court and various High Courts have recognized the need to protect witnesses in sensitive cases, including domestic violence.
Procedures for Obtaining Protection
Survivor or their lawyer can request protection during court proceedings by filing an application to the Magistrate or Sessions Court.
Police Protection Officers or Protection Officers appointed under PWDVA coordinate with law enforcement for security arrangements.
In cases of severe threat, courts may direct relocation or shelter home placement for the survivor.
Eligibility and Criteria
Protection is usually granted when there is credible threat or history of intimidation by the abuser or their associates.
The survivor must demonstrate that their safety or that of their family is at risk due to their role as a witness.
Cooperation with the prosecution and consistent participation in the legal process often support eligibility.
Benefits of Protection Programs
Ensures physical safety during court appearances and investigations.
Maintains confidentiality of identity and residence.
Reduces chances of witness tampering or retribution by abusers.
Provides psychological assurance, encouraging survivors to participate in justice processes.
Additional Support Measures
Police Escorts: To and from court hearings.
Safe Houses/Shelter Homes: Temporary accommodation in secure locations.
Anonymity Orders: Courts may prohibit publication of survivor’s identity.
Legal Aid and Counseling: Integrated with protection services.
Example
A survivor of domestic violence faces repeated threats from the abuser to withdraw the complaint.
Steps Taken:
The survivor files an application requesting witness protection along with the domestic violence complaint.
The court orders police protection during hearings and arranges for the survivor’s stay in a shelter home.
Police monitor the abuser to prevent intimidation attempts.
The survivor safely participates in the trial, providing testimony without fear.
The court maintains confidentiality about the survivor’s location and identity throughout the process.
