delhi domestic working women's forum -vs- Union of india

 

 

 

DELHI DOMESTIC WORKING WOMEN’S FORUM –VS- UNION OF INDIA [1995 SCC (1) 14]

 

For the rape victim, compensation is a right, not mercy shown by the state. “As a matter of fact, no amount of money can restore the dignity and confidence of rape victims. However,certain measures such as adequate compensation, insurance, employment and social security .scheme may help in the rehabilitation to some extent.” The experience of giving evidence in court has been negative and destructive. Also, is rightly said that, trauma of rape victims continues throughout their life and such victims cannot be compensated by any amount. Furthermore, many victims report that the ordeal from legal proceedings was worse than the rape. This Writ Petition at the request of the petitioner Delhi Domestic Working Women's Forum supports the unfortunate situation of four domestic servants who were raped by seven army personnel. The Hon'ble Supreme Court reviewed the areas that required immediate attention due to their importance in terms of impact on the lives of rape victims in reaching its verdict in this case. This includes the Fundamental Right entrenched in Article 21 (The Right to Live with Dignity), as well as measures for relief for victims. This case is significant because it establishes a precedent for how to aid rape victims and ensure that they receive justice.

FACTS OF THE CASE

 On February 10, 1993, six women were travelling by the Muri Express from Ranchi to Delhi. About 7/8 army 'jawans' began to molest these women and further raped them.  On objection they threatened them with throwing them out of the running train and killing them. Women attempted to file a police report along the way, but no one helped. When the train arrived at New Delhi Railway Station, they attempted to apprehend these individuals and were able to apprehend one of them. Meanwhile, a group of people gathered nearby. One of the accused was captured by army officers and police officials and taken to the MCO office. After a while, they returned to the station and handed up another suspect.

 This was the basis for the first information report for offences under Section 376-B read with Section 341 IPC, which was filed on February 11, 1993 at the New Delhi Railway Station Police Station. The six rape victims were then taken to the hospital for medical examination. On August 13, 1993, a case-report under Section 173 CrPC was filed against the accused persons in the Court of the Chief Judicial Magistrate, Aligarh. The matter remained pending before Aligarh's District and Sessions Court.

 To meet the victims, members of the petitioner-forum travelled in groups to all of the addresses given by the police. They were not allowed to meet the victims in any of the locations, despite the fact that the employers acknowledged to learning about the rape and that the victims were there. Because the victims were its members, the petitioner forum grew worried about obtaining the necessary social, cultural, and legal protection. Furthermore, the victims Based on the incident described by one of the victims were vulnerable tribal women from Bihar who were at the mercy of employers and police. They were easy prey for intimidation. Despite the fact that such horrific assaults on women's person and dignity had occurred, neither the Central Government nor the State Government had given significant consideration to the need for rehabilitative and compensating justice for women.

In such cases, this Court can grant relief. In this regard, a writ petition under Article 32 of the Indian Constitution has been filed.

ISSUES FRAMED IN THE CASE

I. What are some concrete ways and parameters by which rape victims can be assisted?

II. Whether the National Commission of Women engage itself in framing appropriate schemes and measures regarding compensation and rehabilitation to victims of such crimes of violence?

Plea of the Petitioner

 That a speedy trial is one of the law's most important criteria. A trial of this sort cannot be defeated by a lengthy investigation in such a case. The court must establish the conditions for a fast trial and investigation; otherwise, the constitutional rights guaranteed by Articles 14 and 21 will be rendered meaningless.

That the National Commission for Women is legitimately involved in analysing and recommending changes to various women's legislations. But efforts must be made to develop a compensation and rehabilitation programme to ensure that victims of such violent crimes are compensated and rehabilitated. The poorer sections of society are disproportionately targeted by such violence. The civil courts are unable to provide them with justice. Without a doubt, the Indian Penal Code and the Indian Evidence Act have been amended. Nevertheless, victims of such assaults are unable to seek meaningful justice. As a result, the respondent National Commission for Women must be persuaded to commence the process of drafting such a programme as soon as possible, as well as to urge the Union of India to do so.

 

Plea of the Respondents

 That the National Commission for Women was founded under the National

Commission for Women Act of 1990. This Act became effective on January 31, 1992, as per Notification No. SO 99(E) dated January 31, 1992. The Act's Chapter III outlines the Commission's responsibilities. The proposal that the Commission devise necessary programmes and measures falls outside of the scope of the National Commission for Women's mandate.

 

Constitution of India Article 32, Remedies for enforcement of rights conferred by this Part:

(1) The right to move the Supreme Court by appropriate proceedings for the enforcement of the rights conferred by this Part is guaranteed.

(2) The Supreme Court shall have power to issue directions or orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

Article 14, Equality before law: The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India Prohibition of  discrimination on grounds of religion, race, caste, sex or place of birth.

Article 21, Protection of life and personal liberty: No person shall be deprived of his life or personal liberty except according to procedure established by law.

Indian Penal Code, 1860

Section 376B, Intercourse by public servant with woman in his custody: Whoever, being a public servant, takes advantage of his official position and induces any woman, who is in his custody as such public servant or in the custody of a public servant subordinate to him, to have sexual intercourse with him, such sexual intercourse not amounting to the offence of rape, shall be punished with imprisonment of either description for a term which may extend to five years and shall also be liable to fine.

Section 341, Punishment for wrongful restraint: Whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both.

When it comes to delivering justice in India, police/authorities have a history of delaying or prolonging investigations. Police are also prohibited from delaying an inquiry excessively under Section 173 of the CrPC. This delay in investigation leads to a delay in trial, which is a violation of Article 21 of the Indian Constitution's fundamental right to a speedy trial. In the landmark case Hussainara Khatoon v. Home Secretary, State of Bihar, the Supreme Court of India ruled that the right to a speedy trial is a component of Article 21.

In Vasantha R. v. Union of India and Ors, Supreme Court observed “The human rights for woman is inalienable and it is an integral and an indivisible part of human rights. The full development of personality and fundamental freedoms and equal participation by women in political, social, economic and cultural life are concomitants for national development and growth.”

As a result, new rules and regulations are required to enhance women's stature and status in society. There are certain specific initiatives for women, one being, National Commission for Women: The government established this official committee in January 1992 with the particular goal of studying and monitoring all things relevant to the constitutional and legal guarantees afforded for women, reviewing current legislation and suggesting amendments as needed, and so on.  Rape is considered the most despised crime by the Supreme Court. A petitioner was raped by two army men in a similar case in which the High Court of Guwahati cited the Supreme Court's remark on rape in the case of Shri Bodhisattwa Gautam v. Miss Subhra Chakraborty as: "Rape is a crime not only against the person of a woman, it is crime against the entire society. It destroys the entire psychology of a woman as pushes her into deep emotional crises, Rape is, therefore, the most hated crime. It is a crime against basic human rights and is violative of the victim's most cherished right, namely, right to life which includes right to live with human dignity contained in Article 21.”

Verdict

Rape is a horrible event that has a profound impact on the victims' lives. It has a long-term impact on many people, impairing their ability to build intimate relationships, influencing their behaviour and values, and generating an everlasting sense of fear. Adding to the pain of the rape, victims have had to experience further misery during legal processes. The process, according to many victims, was far worse than the rape itself. The legal proceedings undoubtedly increased and intensified their psychological pain as a result of the rape. As a result, it's critical to lay out the broad guidelines for assisting rape victims. The following are some of them:

Legal representation should be offered to complainants in sexual assault cases. It is critical to have someone who is well-versed in the criminal justice system. The victim's advocate's role would include not only explaining the nature of the proceedings to the victim, preparing her for the case, and assisting her in the police station and in court, but also directing her to other agencies for help of a different nature, such as mental health counselling or medical assistance. It is critical to ensure consistency of assistance by having the same lawyer who represented the complainant's interests in the police station represent her throughout the case. Because the victim of sexual assault may be distressed when she arrives at the police station, legal assistance may be required. The direction and support of a lawyer at this time, as well as while she is being questioned, would be extremely beneficial to her. Before any questions be made to the victim, the police should tell her of her right to representation, and the police record should state that she was so told. For victims who do not have a lawyer in mind or whose own counsel is unavailable, a list of advocates willing to act in these circumstances should be kept at the police station.

The court should appoint an advocate upon the police's request at the earliest possible time, however advocates will be authorised to act at the police station before seeking or obtaining permission of the court in order to ensure that victims are questioned without excessive delay. In all rape trials, the victim's confidentiality must be preserved to the extent possible. In light of the Directive Principles enshrined in Article 38(1) of the Indian Constitution, it is important to establish a Criminal Injuries Compensation Board. Victims of rape suffer a lot financially. Some people, for example, have been traumatised to the point that they can no longer work. Victim compensation may be given by the court if the criminal is found guilty, or by the Criminal Injuries Compensation Board whether or not a conviction has taken place. The Board will consider pain, suffering, and shock, and also loss of earnings owing to pregnancy and childbirth expenditures.