LEGAL ASSISTANCE TO THE VICTIMS OF RAPE

In case of Delhi Domestic Working Women'S Association ... vs Union Of India And Others on 19 October, 1994 1995 SCC (1) 14 the Hon’ble Supreme Court has issued following guidelines, to be implemented by the States. 

Some of the Guidelines viz. victim compensation scheme is in place now and detail procedure has been evolved by National Legal Service Authority but the remaining  guidelines are still relevant which are supposed to be implemented by the police:-

(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.

(5) The advocate shall be appointed by the court, upon application by the police at the earliest convenient moment, but in order to ensure that victims were questioned without undue delay, advocates would be authorised to act at the police station before leave of the court was sought or obtained.

(6)In all rape trials anonymity of the victim must be maintained, as far as necessary.

(7)It is necessary, having regard to the Directive Principles contained under Article 38(1)of the Constitution of India to set up Criminal Injuries Compensation Board. Rape victims frequently incur substantial financial loss. Some, for example, are too traumatised to continue in employment.

(8) Compensation for victims shall be awarded by the court on conviction of the offender and by the Criminal Injuries Compensation Board whether or not a conviction has taken place. The Board will take into account pain, suffering and shock as well as loss of earnings due to pregnancy and the expenses of child birth if this occurred as a result of the rape.