India Supreme Courtβs consideration of guidelines for trials involving deaf-and-dumb accused individuals:
TheΒ Supreme Court of IndiaΒ has taken a significant step by considering the need to establish guidelines for conducting criminal trials against individuals who areΒ deaf or mute.Β In a recent case titledΒ Ramnarayan Manhar vs. State of Chhattisgarh, the Court grappled with the question of how to ensure a fair trial for such accused persons who are otherwise of sound mind and medically fit to commit serious offenses like rape1. ( Even though the trial court found the person guilty, the case was sent to the High Court because the accused, who is deaf and mute, couldn’t understand what was happening during the trial. This decision was based on Section 318 of the CrPC, which says that if someone can’t understand the trial proceedings, even if they’re not mentally unsound, the case should be sent to the High Court. The trial court noted that the accused is deaf and mute but not mentally unsound or insane.)
Here are the key points from the Courtβs observations:
- Absence of Existing Guidelines: The Court acknowledged that it has not yet laid down specific parameters or guidelines for conducting trials against deaf-and-dumb accused individuals.
- Notice to Central Government: The bench, comprising Justices Surya Kant and KV Viswanathan, directed the Union of India through the Attorney General to respond to this issue. The Court sought the governmentβs views on how to handle trials involving such accused individuals.
- Case Background: The accused in this case had been convicted by a trial court and the Chhattisgarh High Court for the rape of two minor girls. The man is deaf and mute. He moved the Supreme Court challenging the High Courtβs decision to uphold his conviction and sentence.
- Prima Facie Satisfaction: The Supreme Court expressed its prima facie satisfaction with the orders of the trial court and the High Court, leading to the dismissal of the accusedβs plea for interim bail.
- Legal Gap: However, during the proceedings, the Court recognized a gap in the law concerning the process of trial against deaf and mute individuals. It highlighted the need for clear guidelines to ensure fairness in such cases.
- Next Steps: The Court issued notice to both the Union government and the Chhattisgarh government, seeking their responses. The matter is adjourned until the end of July 2024 for further consideration.
This development underscores the importance of addressing the unique challenges faced by deaf and mute accused during criminal trials.Β The Courtβs decision to lay down guidelines will have far-reaching implications for ensuring justice and due process for all, regardless of their communication abilities
Two judges named Surya Kant and K.V Vishwanathan were listening to a case about a man named Ramnarayan Manhar. He was found guilty of raping two young girls, aged 7 and 8. One of the girls was related to him.