DELHI

PETITIONER:
DOMESTIC WORKING WOMEN S FORUM
Vs.

RESPONDENT:
UNION OF INDIA AND
OTHERS
DATE OF JUDGMENT19/10/1994

BENCH:
MOHAN, S. (J)
BENCH
NOHAN, S. (J)
VENKATACHALLIAH, M.N.(CJ)
NAJMUDAR S.B. (J)
cITATION:
1995 SCC (1)
14 JT 1994 (7)
1994 SCALE (4)608 183

ACT

HEADNOTE

JUDGMENT:
The Judgment of the
Court was delivered
the by S.MOHAN, J.- This public interest litigation invokes
benign provision of Article 32 of the Constitution
India, at the instance of the
of
Domestic Working Women's Forum to espouse the pathetic petitioner Delhi
were
subject indecent sexual assault by
to plight of four domestic
servants who
seven army personnel.
2.The incident, with a filmy
background, has outclassed even the movies. On 10-2-1993, six
by name, Usha Minz, Shanti, Josphine Kerketta, women,
Rosy Kerketta, Nilli and Lili,
were travelling by the Muri Express. The journey was from Ranchi to Dlhi. One domestic servants,
of the victims Miss
Lili described the incidence graphically as follows:

"I was coming from my home town to Delhi by the Muri Express. On 10-2-1993 at
about 11.00 p.m., the Muri Express was at Khurja Railway Station. At that time,I

Indian Kanoon-htp:/indiankanoon.org/doc/1765970
 DePh Domette WorMing Women Union Of iraA And Others
ert on 19
(1) Usha Minz D/o John Min, i
along with my village girls (a) Shanti b
Minz (3) Josphine
Kerketta D/o Junus Kerketta (a)
Kerketta (5) Nilli Ross D/o
lo Boas M
Boas Minz, was travelline Rosy Kerketta
Coach. 1 sleptDfoon
in SHI
No.50. Our friend, Shanti, woke up and told that
some
old u n s o no fr e h a b e

friends got up, we saw

remainíng persons Ben t f o r d i n g
r e l e f .

about 7/8 were teaslng he

V
When, I and my that
got up de
up and
all friendsana sat on our
Then army moved. Thep

reapective Jawans'
we
come near us.
to molest us. First they two Si pective seata. Then
had
those army men began alt
sit on lower seats and then lan-nha
made me and my five friends kissecd and
lured on our body and breasts. On
our objection they caught hugged us and 5
befrustr

ir mouths.
from our hair
When tried to ery, they shut our Then and
began to beat us. we
they thr
me and my friends that in case we will make any hue and cry they will reatened
out of
t expe

and

On this we got frightened and sat there From

the running train and will kill us. Sardar and one clean-shause
clean-shaved, one
8army men two Sikhs and 6
forcibly made me to lie down on the lower berth and on the other adjacens lower
berth another Sardar took another girl and one clean-shaved fauji took Rosy
to
made Shanti to lie down on the nearby seat. Another
bathroom. Two other army men

two men tried to take Usha and Nilli but

both sat under the seat to hide themselves
has been disclosed in the court as Dhir
Thereafter, first Sardar fauji (whose name
Kalanaur, District Gurdaspur, Punjab)
Singh S/o Puran Singh, P0: Dostpur, Ps:
underwear, raped me. After him, another
torcibly put off my clothes and removed
height is about 58" raped
me. My
is round and
clean-shaved fauji, whose face remaining army men.
triends, Shanti and Rosy were also forcibly raped by
the way, but nobody listened
Thereafter, we tried to lodge a report with the police on
thenI and my friends
to us. When the train
stopped at New Delhi Railway Station,
here and there.
down and ran
attempted to catch these persons. They all got who had
However, I and my friends could catch hold of aforesaid Sardar Dhir Singh,
raped me. We all caught him. In the meanwhile, some persons gathered there. Some

office. Then
army officers and policemen overpowered him and took him to MCO
aftera while they came in Station and handed over Sardar Dhir Singh to you. Sardar
Dhir Singh has raped me and his colleagues have raped my friends"

o r m e d the basis of the first information report for offences under section376-Bread with
Section 341 IPC which was registered at the Police Station, New Delhi Railway Station (Cime &
Kaiways) as No. 049 of 1993 at 6.35 a.m. on 11-2-1993. It appears after registering the FIR the six
rape victims were sent for medical check-up.
4. 1he members of the
petitioner-forum went in groups to all the addresses given by the police to
meet the victims. In none of the places they were allowed to meet the victims
admitted though the employers
gaining knowledge about the rape and the victims were with them. The
very much concerned as the victims are its members, to get the needed social,
petitioner forum is
cultural and legal
protection. Further, the victims are helpless tribal women belonging to the State of Bihar
merey of the employers and the police. They are vulnerable to intimidation.
Notwithstanding at the
the
of
occurrence such barbaric assault on the person and dignity of women neither the Central
Government nor the State Government has bestowed any serious attention as to the need for

Indan Kanoon- http:/indiankanoon.org/doc/1765970

2
 Dethi Domestic Worting Women'S. V Union Of India And Others on 19 October, 1994

provision of rehabilitatory and compensatory justice for women. In such matters this Court has been
affordingrelie.Itisinthiscontext the writ petition under Article32 oftheconstitution of India is
moved. The grounds urged in support ofthe writ petition are as follows:

5. Speedy trialis oneof theessentialrequisikes of law. In a case of this character such a trialcannot
befrustrated by prolongation of investigation.Therefore, this Court has to spell out the parameters
of expeditious econduct and investigation of trial; otherwise the rights guaranteed under Articles14
and 21 of the Constitution will be meaningless.

6.
This Court ordered notice to respondents on 18-11-1993.
7. A
counter-affidavit was filed on behalf of Respondents 2and 4 stating,
Kumari Lili, FIR No.
on the statement of
042/93 under Sections 376-B read
registered. Accused Dhir Singh was arrested and sent towith Section 34, Indian Penal Code,.was
judicial
CHPC had been filed in the Court of the Chief Judicial custody. case-report
Section 173 The under

against the accused persons, namely Dhir Magistrate, Aligarh on 13-8-1993

the District and Singh and Mikhail Heranj. The case is pending trial before
Sessions Court, Aligarh.
It
8. appears, apart from these two
accused, others could
Pharsem Singh and B. not be identified. Two
Kajoor were Discharged. Three other other accused,
Constable Ranjeet, constable police personnel, namely, Head
Naresh
guard duty in the Muri ExpressSingh
were on and constable Shiv
Sarup
train at the time of incident
Singh were arrested as they
protection to the tribal and failed to
provide necessary
is likely
to be women/victims. The is in prosecution progress and it is stated that the
committed. case

9. At one
stage of the case, the Court was informed that the
statement caused victims could not be traced. This
dismay
trace the victims. This
in us.
Therefore, a direction was
Court doubted whether issued to the State of Uttar Pradesh to
the police were at all
we could not
tolerate this nonchalant serious in this case. On our
think the attitude. Fortunately, the victims part
prosecution will go on with due have been traced. As such we
and diligence the law be allowed to take
its course.
10.While the matter stands
thus, as to the prayer of the
toengage themselves in
framing an appropriate scheme petitioner that Respondents 1 to 3 will have
rehabilitation to the victims of such crimes of to
provide inter alia compensation and
violence, the submissions are as under:
11.The National Commission for
Women is rightly engaged in the
changes in various legislations pertaining to women. evaluation and suggestion of
scheme for Yet steps are to be taken as
compensation and rehabilitation to ensure justice to victims of such regards framing of
Victims of such violence,
by and large belong to weaker sections of crimes of violence.
position to secure justice through civil courts. No the society. are They not in a
Evidence Act have been amended. In doubt, the Indian Penal Code and the
Indian
spite of it, victims of such violence are not able to
remedy in securing justice. Therefore, the first (sic get adequate
Women must be called
third) respondent National Commission for
upon to engage itself in the exercise of
upon the Union of India to frame a scheme as drafting such a scheme and impress
as early possible.
Indian Kanoon -

http:/indiankanoon.org/doc/1765970/
 the enune

taken an active role getting

in
victim-oriented and have
"We are now
workers, rape crises centre workers
doctors, nurses, social
helping network lawyers, are then in a position
to concentrate fuly
on

interact together... We
to talk and to their lives
victims of sexual assault to get
that unites us all helping
the primary goal
back together."
in
indicate the broad parameters
think it necessary to
15.In this background, we
assisting the victims of rape.
assault cases should be provided with legal
AiThe complainants of sexual
who is well.
representation. It is important to have
someone

role of the victim's advocate would

acquainted with the criminal justice system. The
nature of the proceedings, to prepare her for
not only be to explain to the victim the her with
thecase and to assist her in the police station and in court butto provide
guidance as to how she might obtain help of a differentnature from other agencies,
for example, mind counseling or medical assistance. It is important to secure

continuity of assiastance by ensuring that the same person who looked after the
complainant's interests in the police station represent her till theend of the case.

(Legalassistancewillhave to be providedatthe policestationsincethe 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 betore 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
thesecases should be kept at the police station for victims who did not have a
particular lawyer in mind or whose own lawyer was unavailable.
A5)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 wouldbe authorised to act at the policestation before
leave ofthe court was sought orobtained.
(6)In all rape trials anonymity of the victim mu_t be maintained, as far as necessary.

7It is necessary, having regard to the Directive Principlescontained under Article

38(1) of the Constitutionof India to set up Criminal Injuries Compensation Board.
Rape victimsfrequently incursubstantial financial loss. Some,forexample, are too
traumatised to continue in employment.

Indian Kanoon- http:/indiankanoon.org/doc/1765970/

 1994
Others o n
19 October,
India And
O of thee
vs Union conviction
c o u r t on
Women'S..

Domestic Working
Dehi
awarded by the whether or not a
victims shall be Board
( 8 ) C o m p e n s a t i o n
for Compensation
and shock
Injuries sufering
the Criminal account pain,
and by will take into birth if this
offender The Board of child
c o n v i c t i o n has
taken place. and the
expenses
pregnancy
due to
of earnings
a s well a s loss

occurred a s a result of
the rape. from
following passage
refer to the
usefully the position
aspect of the m a t t e r we can 1237-38 as to
this Handbook of Criminology (1994 Edn.) at pages
nOxford
The
in England:
Justice Act,
introduced in the Criminal
offender was in
Compensation payable by the order for compensation
powers to
make an ancillary The
which gave the Courts had resulted.
1972 cases where 'injury,
loss, or damage'
to the main penalty in compensation
addition time to make a
Criminal Justice made it possible for the first
Act, 1982 and compensation
It also required that in cases where fines
order as the sole penalty. take priority
over

the payment of compensation should

orders w e r e given together,
the fine. These developments
reflecting the growing importance
m o r e narrowly
retributive aims
a major shift in
penological thinking.
signified over the
attached to restitution and reparation
The Criminal Justice
of conventional punishment.
consider the making of
a

furthered this shift. It required courts to

Act, 1988 where such an
of death, injury, loss or damage and,
compensation order in every case
it so.
the court to give reasons for not doing
order was not given, impose a duty o n These new
for compensation.
also extended the range of injuries eligible order it must
fails to make a compensation
requirements m e a n that if the court to be
a r e given, the
victim may apply for these
furnish r e a s o n s . Where r e a s o n s

subject to judicial review . .

of provisions which directly

or
number
Justice Act contains a
The 1991 Criminal
indirectly encourage an even greater role for compensation."

Commission for men shall perform all

states that the National
17.Section 10 of the Act
functions, namely:,
o r any of the following

provided for
examine all matters relating to the safeguards
and
(a) Investigate
Constitution and other laws.
women under the
or situations
into specific problems
studies o r investigations and identify the
(b) Call for special and atrocities against women

discrimination
out of
arising removal.
to recommend strategies for their
constraints s o a s On h e s b a u

third respondent
will have to evolve
provisions, the
18. Having regard the above
to
victims. sucha scheme shall
o u t the tears ofsuch
untortunate Union
scheme as to wipe Thereupon, the
such ofthis judgment.
sDx months from the date
of
prepared within for the implementation
be same and shall necessary
steps
of India, will examinethe
 Delhi Domestic Working Women'S ..s Union Ot India And Others on 19 October, 1994

the scheme at the earliest.

19. The writ petition is disposed of subject to above directions.