Ensure That All Police Stations Have Lawyers Panel To Aid Sexual Assault Victims: Gujarat HC Directs DGP
Ensure That All Police Stations Have Lawyers Panel To Aid Sexual Assault Victims – Gujarat HC Direction to DGP
Background
Sexual assault victims often face intimidation, trauma, and difficulty in navigating the criminal justice system. Many victims are unaware of their legal rights or the procedure of filing an FIR under Section 154 of the CrPC. Recognizing this problem, the Gujarat High Court directed the Director General of Police (DGP) to ensure that every police station has a panel of lawyers available to assist sexual assault survivors.
This directive was issued to ensure fair investigation, protection of victims’ rights, and effective access to justice.
Key Observations of the Court
Access to Legal Aid is Fundamental
Every victim of sexual assault must have access to free legal aid, as guaranteed under Article 39A of the Constitution.
Legal aid should not be confined to trial stages but must be available from the time of lodging the complaint.
Role of Police Stations
Police stations are the first point of contact for sexual assault victims.
The presence of a lawyers’ panel ensures that victims are not harassed or discouraged from filing a complaint.
Directive to DGP
The DGP of Gujarat was directed to create and maintain a panel of lawyers in every police station.
These lawyers would assist in:
Drafting complaints,
Explaining legal procedures,
Ensuring compliance with laws protecting victims, and
Safeguarding victims’ dignity.
Constitutional and Legal Basis
Article 21 – Right to Life and Personal Liberty
Includes the right to live with dignity and the right to a fair investigation.
Article 39A – Free Legal Aid
Directs the State to provide free legal assistance to ensure justice is not denied due to economic or social disability.
Section 154(1) CrPC – Mandatory registration of FIR in cognizable offences.
Section 357A CrPC – Victim Compensation Scheme.
Case Law Support
Delhi Domestic Working Women’s Forum v. Union of India (1995)
The Supreme Court directed that legal representation must be provided to victims of sexual assault at the police station stage itself.
Stressed the need for a support system for rape survivors.
Lalita Kumari v. Govt. of Uttar Pradesh (2014)
Held that registration of FIR is mandatory in cases of cognizable offences like rape.
Legal support ensures this mandate is followed.
State of Punjab v. Gurmit Singh (1996)
The Court emphasized that victims of sexual assault need special protection and sensitivity in criminal proceedings.
Significance of Gujarat HC’s Directive
Strengthens the victim-centric approach in sexual assault cases.
Prevents secondary victimization at the police station level.
Ensures that constitutional guarantees of free legal aid and dignity are meaningfully enforced.
Helps in speedy and effective investigation by ensuring proper legal compliance from the start.
✅ Conclusion:
The Gujarat High Court’s directive to set up a lawyers’ panel in every police station is a progressive step towards ensuring that sexual assault victims receive legal guidance, dignity, and fair treatment from the very first stage of complaint. Backed by Articles 21 and 39A of the Constitution, and supported by precedents like Delhi Domestic Working Women’s Forum and Lalita Kumari, this ruling strengthens the victim-centric criminal justice system in India.
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