No list of lawyers and counsellors for rape victims at police stations
Out of nine police stations checked, Vastrapur is the only police station that maintains the list
Today is International Women’s Day, a day that celebrates women in our lives, promotes women’s rights, stresses on the importance of women’s empowerment and resolves to make the society inclusive.
But platitudes apart, do we really care for women, especially those in distress? It was 24 years ago, in 1995, that Supreme Court (in Domestic Working Women vs Union of India case) had issued an eight-point instruction for legal assistance and counselling to rape survivors approaching the police.
But a Mirror Check carried out at nine police stations in the city revealed that eight of them did not have such a list, in gross violation of the SC instructions. In January this year, Gujarat High Court asked the state government to explain why the SC order had not been complied with even after two decades.
Banaskantha district whose complaint was allegedly not registered by the police. The girl later became pregnant and her foetus had to be aborted by a team of medical experts as directed by the HC. However, in first week of February, the Home department filed an affidavit saying it has issued circular to all DSPs and police commissioners’ office to comply with the SC verdict by preparing list of advocates and social workers for the police station.
The ground reality, as it turns out, is completely different. A Mirror Check carried out at nine police stations in the city revealed that apart fromVastrapur police station, none of the other police stations had information about the circular and were not maintaining the list. As per the SC order, not only the list of lawyers but also female social workers should be provided to the rape victim if she demanded.
The judgment, reiterated in 2017, says, “Legal assistance will have to be provided at the police station. Since the victim of sexual assault might be in a distressed state upon arrival at the police station, the guidance and support of a lawyer at this stage and whilst she is being questioned would be of great assistance to her.”
It further said, “The police should be under a duty to inform the victim of her right to representation before any questions were asked of her. The police report should also state that the victim was so informed. A list of advocates willing to act in these cases should be kept at the police station for those who did not have a particular lawyer in mind or whose own lawyer was unavailable.”
Atit Thakor, the lawyer of the rape victim, claimed, “The Home department filed affidavit as sought by the HC and claimed they issued the circular to police stations. But none have the list of lawyers and this violates SC order.”
Sabarmati police station
When Mirror approached the police station, the staff was not willing to talk. But one of them said we don’t have such a list. Later they provided the number of the police inspector. “We don’t have such circular and list of the lawyer. But if we get such instructions we will definitely implement it. However, we have list of social workers who come on call. The rape victims have been helped legally by the lawyers empanelled through free legal assistance by the court,” said RH Vala, police inspector of Sabarmati, when Mirror called him.
Satellite police station
Since the PI was on leave, our reporter met the police station officer (PSO). He said, “We don’t keep such a list and are not aware about it. Government provides a lawyer whenever a case comes up,” said the PSO who did not want to be named.
Sola High Court Police station, Ghatlodia police station
“The police are always sensitive towards every rape victim. We are ready to help them in all possible ways, but we do not keep a list of lawyers. However, after the judgment in Nirbhaya case, we have a list of female social workers whom we call as and when required,” said DH Gadhvi, PI and in-charge of Ghatlodia police station.
Navrangpura police station
“We don’t have a list of lawyers but we call social workers if need be for rape victims. There are many circulars sent to police stations, but I am not aware of such a verdict and the circular,” said PI Hemant Patel.
Office of DCP, Zone-7
Mirror reporter met SM Damor, Deputy Commissioner of Police, zone-7 which covers seven police stations, and showed him the court order. He said they haven’t got such circular. “I am not aware about such circular and most of the police stations don’t have such a list of lawyers. But we help, guide and assist all rape victims by facilitating the services of social activists and NGOs,” said Damor.
Chandkheda police station
“We don’t keep such a list and we are not aware of it. But if the government instructs us, we will make the list,” said SD Ninama, Assistance Sub Inspector (ASI) at the station.
Gujarat University police station
The PI at GU police station was on leave when the Mirror reporter went there and the charge was with the inspector of Navarangpura police station. A policeman who did not wish to be named said, “Though we don’t have the list and are not aware of the circular you are talking about, we have a female lawyer who always comes on call. She is the member of Shanti Samiti and is always ready to provide legal assistance.”
Vastrapur police station
The police inspector was not available. The busy administration staff provided the contact number of the police inspector not yet on duty. When contacted, PI M M Jadeja said, “We have a list of lawyers and women social workers, with their telephone numbers. Anyone can avail the list for free legal service. Not only that, we also have a separate list of social workers who voluntarily help out rape victims.”
Adalaj police station
As the police inspector was not available, Mirror talked to one of the cops on duty and he said the police station does not maintain such a list. “We don’t keep such a list and as per the law, government provides public prosecutor to conduct the case in the court. However, we do have a list of social workers. Generally, rape survivors are in dire need of help and we provide whatever assistance we can as and when they approach us,” he said on condition of anonymity.
But platitudes apart, do we really care for women, especially those in distress? It was 24 years ago, in 1995, that Supreme Court (in Domestic Working Women vs Union of India case) had issued an eight-point instruction for legal assistance and counselling to rape survivors approaching the police.
But a Mirror Check carried out at nine police stations in the city revealed that eight of them did not have such a list, in gross violation of the SC instructions. In January this year, Gujarat High Court asked the state government to explain why the SC order had not been complied with even after two decades.
HC had raised these questions during the hearing in the case pertaining to a gang-rape victim of Gadh village of
The ground reality, as it turns out, is completely different. A Mirror Check carried out at nine police stations in the city revealed that apart from
The judgment, reiterated in 2017, says, “Legal assistance will have to be provided at the police station. Since the victim of sexual assault might be in a distressed state upon arrival at the police station, the guidance and support of a lawyer at this stage and whilst she is being questioned would be of great assistance to her.”
It further said, “The police should be under a duty to inform the victim of her right to representation before any questions were asked of her. The police report should also state that the victim was so informed. A list of advocates willing to act in these cases should be kept at the police station for those who did not have a particular lawyer in mind or whose own lawyer was unavailable.”
Atit Thakor, the lawyer of the rape victim, claimed, “The Home department filed affidavit as sought by the HC and claimed they issued the circular to police stations. But none have the list of lawyers and this violates SC order.”
Sabarmati police station
When Mirror approached the police station, the staff was not willing to talk. But one of them said we don’t have such a list. Later they provided the number of the police inspector. “We don’t have such circular and list of the lawyer. But if we get such instructions we will definitely implement it. However, we have list of social workers who come on call. The rape victims have been helped legally by the lawyers empanelled through free legal assistance by the court,” said RH Vala, police inspector of Sabarmati, when Mirror called him.
Satellite police station
Since the PI was on leave, our reporter met the police station officer (PSO). He said, “We don’t keep such a list and are not aware about it. Government provides a lawyer whenever a case comes up,” said the PSO who did not want to be named.
Sola High Court Police station, Ghatlodia police station
“The police are always sensitive towards every rape victim. We are ready to help them in all possible ways, but we do not keep a list of lawyers. However, after the judgment in Nirbhaya case, we have a list of female social workers whom we call as and when required,” said DH Gadhvi, PI and in-charge of Ghatlodia police station.
Navrangpura police station
“We don’t have a list of lawyers but we call social workers if need be for rape victims. There are many circulars sent to police stations, but I am not aware of such a verdict and the circular,” said PI Hemant Patel.
Office of DCP, Zone-7
Mirror reporter met SM Damor, Deputy Commissioner of Police, zone-7 which covers seven police stations, and showed him the court order. He said they haven’t got such circular. “I am not aware about such circular and most of the police stations don’t have such a list of lawyers. But we help, guide and assist all rape victims by facilitating the services of social activists and NGOs,” said Damor.
Chandkheda police station
“We don’t keep such a list and we are not aware of it. But if the government instructs us, we will make the list,” said SD Ninama, Assistance Sub Inspector (ASI) at the station.
The PI at GU police station was on leave when the Mirror reporter went there and the charge was with the inspector of Navarangpura police station. A policeman who did not wish to be named said, “Though we don’t have the list and are not aware of the circular you are talking about, we have a female lawyer who always comes on call. She is the member of Shanti Samiti and is always ready to provide legal assistance.”
Vastrapur police station
The police inspector was not available. The busy administration staff provided the contact number of the police inspector not yet on duty. When contacted, PI M M Jadeja said, “We have a list of lawyers and women social workers, with their telephone numbers. Anyone can avail the list for free legal service. Not only that, we also have a separate list of social workers who voluntarily help out rape victims.”
As the police inspector was not available, Mirror talked to one of the cops on duty and he said the police station does not maintain such a list. “We don’t keep such a list and as per the law, government provides public prosecutor to conduct the case in the court. However, we do have a list of social workers. Generally, rape survivors are in dire need of help and we provide whatever assistance we can as and when they approach us,” he said on condition of anonymity.
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