Ensure That All Police Stations Have Lawyers' Panel To Aid Sexual Assault Victims: Gujarat High Court Directs DGP

The Gujarat High Court recently directed the Director General of Police, Gujarat State to ensure that all the police stations in the state have a panel of lawyers to aid the victims of the sexual assault crimes in accordance with the directions issued by the Supreme Court in a 1995 decision.

The Bench of Justice Sonia Gokani and Justice Aniruddha P. Mayee issued this order after noting that the Supreme Court had issued, inter alia, the following 4 directions in Delhi Domestic Working Women's Forum vs. Union of India [(1995) 1 SCC 14], and which are not being followed in the state of Gujarat

1. The complainants of sexual assault cases should be provided with legal representation. It is important to have someone who is well-acquainted with the criminal justice system. The role of the victim's advocate would not only be to explain to the victim the nature of the proceedings, to prepare her for the case and to assist her in the police station and in court but to provide her with guidance as to how she might obtain help of a different nature from other agencies, for example, mind counseling or medical assistance. It is important to secure continuity of assistance by ensuring that the same person who looked after the complainant's interests in the police station represent her till the end of the case.
2. Legal assistance will have to be provided at the police station since the victim of sexual assault might very well be in a distressed state upon arrival at the police station, the guidance and support of a lawyer at this stage and whilst she was being questioned would be of great assistance to her.
3. The police should be under a duty to inform the victim of her right to representation before any questions were asked of her and that the police report should state that the victim was so informed.
4. A list of advocates willing to act in these cases should be kept at the police station for victims who did not have a particular lawyer in mind or whose own lawyer was unavailable. 

In view of these directions, noting that there is no list of empaneled advocates in the police stations, the Court directed the Director-General of Police to issue necessary circular/direction/notification for every police station of the State to maintain a list of such empaneled lawyers as per the directions issued by the SC in the year 1995.

The Court has also called for an affidavit to be filed before this Court of due implementation of the directions by the Director-General of Police after six weeks.

The background of the case

Essentially, the Bench was dealing with a Habeas Corpus plea filed by the family of a minor girl who was allegedly abducted and thereafter, sexually exploited. After she was rescued, she was found to be 10 weeks pregnant, and therefore, the Court, after holding a consultation with the victim and her family, issued an order to terminate the fetus.

The Court had issued the order after noting that she is extremely young and is a victim of rape and victim under the POCSO Act, therefore, the Court had deemed it appropriate to consider the request for the termination of her pregnancy.

Thereafter, after the termination, she was brought to the Court on February 17, when the Court ordered the Investigating Officer as well as the Full Time Secretary, District Legal Services Authority to ensure periodical counseling of the victim at the end of the experts.

Further, when the court inquired from the investigating officer about the legal assistance for the victim, she pleaded her ignorance, therefore, referring to Supreme Court's 1995 Directions, the Court ordered the DGP to ensure that lawyers' panel is formed in all the police stations of the State.

In relation to the appointment of the advocate in the instance case, the Full Time Secretary, District Legal Services Authority, Mehsana was asked to act expeditiously and report to the Court. With this, the petition was disposed of.

Case title - J. v. State Of Gujarat (name concealed intentionally)
Case Citation: 

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