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Delhi Domestic Working Women’s Forum V. Union of India

Delhi Domestic Working Women’s forum V. Union of India (1994) The benign provision of Article 32 of the Constitution of India, at the instance of the petitioner Delhi Domestic Working Women’s Forum to espouse the pathetic plight of four domestic servants who were subjected to indecent sexual assault by seven Army personnel.

In this case, the court laid down broad parameters for rape trial: (1) The complainants of sexual assault cases should be provided with legal representation. It is important to have some one 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.

(2) Legal assistance will have to be provided at the police station since the victim of sexual assault police station since the victim of sexual assault might very well be in a distressed state upon arrival at the police station, the guidance an 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 to 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 particular lawyer in mind or whose own lawyer was enviable.

(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 authorized to act at the police station before leave of the Court was sought or obtained.

(6) In all rape 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 Victim frequently incur substantial financial loss. Some, for example, are too traumatized to continue in employment.

(8) Compensation for victim 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 as loss of earnings due to pregnancy and the expenses of child birth if this occurred as result of the rape.

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