This Case commentary is written by Prachi Kumari, a Law Graduate of the N.B. Thahur Law College, Nashik

CASE DETAILS: -

COURT- Supreme Court of India

EQUIVALENT CITATIONS - 1995 SCC (1) 14, JT 1994 (7)183

BENCH- S Mohan, S.B Majmudar

DECIDED ON - 19 October 1994

PARTIES

• Petitioner- Delhi Domestic Working Forum

• Respondent - Union of India and others

ABSTRACT

This case was filed as Public Interest Litigation by Delhi Domestic Working Women’s Forum representing six women who were sexually assaulted and harassed and raped by seven/eight army personnel. This PIL was bought by the Delhi Domestic Working Women ‘s Forum under the provision of Article 32 of the Constitution of India. This Petition was filed by Petitioner seeing the heart-wrenching and unfortunate situation of six women who were brutally sexually assaulted and raped by seven/eight army personnel.

FACTS

The horrific incident took place on 10th February 1993 six women named Usha, Minz, Shanti, Josephine Kerketta, Nilli, and Lilli were traveling on a Train named Muri Express from Ranchi to Delhi.

One of the Victim named Miss Lilli describe the incident as follows ➖

● All the victims were from the same village as their hometown traveling to Delhi from their hometown on Muri Express train from Ranchi to Delhi. They were sexually assaulted and raped by eight army personnel on the commuter train.

● On their objection, the army personnel threatened the victims that in case they made any hue and cry they would kill the victims by throwing them out of the running train.

● The petitioner forum filed the present writ petition before the Supreme Court of India seeking compensatory relief and rehabilitation to ensure justice for victims of such crimes.

Issues

● Are there any steps that can be taken to ward off the psychological and mental trauma that rape and sexual assault victims go through?

● What can the National Commission for Women do to help the Victims during the proceedings?

● What are the parameters for conducting the trial or investigating procedures to protect the rights of the victims Under Article 14 and Article 21 of the constitution?

Arguments on Behalf of Petitioner

● The writ petition was filed under Article 32 of the Constitution of India by the Delhi Domestic Working Women’s Forum.

● Relevant guidelines should be framed by the National Commission of Women to provide the required compensation and rehabilitation to the victims of such heinous crimes.

● Speedy trial is one of the essential requirements of law. In a case of this nature, such a trial cannot be extended by continual investigation.

● Therefore, this Court must spell out the parameters of responsive and efficient conduct of proceedings and investigation of trial otherwise the rights guaranteed under Articles 14 and 21 of the Constitution will be meaningless.

Arguments on Behalf of Respondent

● On 13th August 1993, the case report under Section 173 CrPC was filed in the Court of the Chief Judicial Magistrate, Aligarh against the accused persons, namely Dhir Singh and Mikhail Heranj.

● The trial is pending before the District and Sessions Court, Aligarh. They mentioned that apart from these two accused, others could not be identified and two other accused namely Pharsem Singh and B. Kapoor were discharged.

● Three other police personnel, namely, Head Constable Ranjeet, constable Naresh Singh, and constable Shiv Sarup Singh were arrested as they were on guard duty in the Muri Express train at the time of the incident and failed to provide necessary protection to the tribal women/victims. The prosecution is in progress and it is stated that the case is likely to be committed.

● The respondents argued that considering the functions of the National Commission of Women set out in Chapter III of the National Commission for Women Act, 1990 the prayer that the commission must engage themselves in framing any appropriate schemes and measures was beyond the mandate given to the National Commission of Women.

JUDGEMENT

The Hon’ble Supreme Court held that rape violated the fundamental right to live with dignity under Article 21 of the Constitution. The court mandated the National Commission of Women to prepare a scheme for the rehabilitation of rape victims and set up a board for compensating the victims.

CONCLUSION

The apex court for the first time pronounced its judgment keeping in mind the interests of the rape victims. The Court framed new requirements for police dealing with rape victims, including that victim be provided with legal representation, psychiatric counseling, or medical assistance informing the rape victim of all her rights before the phase of questioning her, and protecting the anonymity of the victim during trial.

REFERENCES

1-Delhi Domestic Working Women's Forum Vs. Union of India & Ors [1994] INSC 530 (19 October 1994) (latestlaws.com)

2-SC laid down guidelines for compensation and rehabilitation of rape victims - Criminal Law Judgements (lawyersclubindia.com)