Protection of Witness and Whistle Blower in India

Abstract

This research paper looks into the major problem which lies in Indian legal system in relation to witnesses. Since adversarial judicial system does not afford effective protection mechanism to witness as to their identity and physical and mental protection of witness, the justice seems to be a dream because in most of the criminal cases the destiny of case depends upon the statement made by witness. The legislation has many grey areas which are to be corrected otherwise Indian criminal justice system will get worsen and the rate of successful justice will fall down Though there is a Whistle-blowers Protection Act 2014, the effectiveness of the same is doubtful. The researcher has attempted to demonstrate the intense need for effective implementation of witness protection program and Whistle Blower protection by elaborating the problems faced by them.

In a number of criminal cases, including high profile cases such as Andhra film actor's shoot out case, Best Bakery case, a blast in a former Andhra minister's case, Jessica Lal case etc., the justice delivery system has failed to deliver justice and all these cases ended up with acquittal of accused due to the reason that witness turned hostile or witnesses were murdered. Other recent cases like VYAPAM case, ASARAM case, several witnesses were murdered or attacked. In Asaram's case, cook Akhil Gupta was attacked and other witness was killed since the arrest of Asaram in September, 2013. Other witnesses were subjected to acid attacks in the year 2014.

Similarly, the death of so many RTI activists and Satyendra yadav proves that there is a need to have a strong whistle-blower protection regime so that more people come forward and expose the wrongdoers. These cases have given rise to number of debates on the working of criminal justice system. In such state of affairs, we require to understand whether the carrying out of Witness Protection Program is a solution to prevent failure of justice due to witness turning hostile.

This research paper aims at discussing the inadequacy of law relating to protection of witness and whistle-blowers due to which there is a failure in criminal justice delivery system. Defending the defenders i.e. witness and whistle-blowers have become the need of an hour because they play an eminent role in the administration of justice.[1]