Delhi HC Allows NGO To Meet Rape Victim

The Delhi High Court has granted liberty to an NGO to meet a woman, who was allegedly gangraped and paraded in the area wearing a garland of footwear and beaten by family members of the accused, saying that presently there is no restriction in the meeting of any individual or organisation with the victim for rendering any assistance.

The high court, however, said no “political colour” shall be given to the incident, nor any religious reflection be added out of context, to avoid distortion of the criminal justice system.

“It may be reiterated that a meeting generally cannot be denied for providing necessary legal aid and assistance, if so required by the victim, to ensure delivery of justice and fair trial but the caution remains that such meetings are not used inappropriately for creating any ‘law and order situation or arousing the emotions of a particular community in an adverse manner, thereby disturbing the public tranquillity or likely to cause a breach of peace,” Justice Anoop Kumar Mendiratta said.

The high court said that reflection of the crime by the petitioner NGO, United Sikhs, as a targeted crime against a member of a minority community cannot be appreciated.

“The reply filed by DSLSA (Delhi State Legal Services Authority) clearly reflects that due legal assistance stands provided to the victim to ensure the safeguarding of her rights. Further, the disbursal of interim compensation of Rs.2.5 lakh to the victim has also been ensured. As such, concerns expressed on behalf of the petitioner, regarding the provision of legal aid to the victim stand addressed,” it said.

It further said, “since, at present, there is no restriction or bar in the meeting of any individual or organisation with the victim for rendering any assistance as per stand of the respondents, the petitioner through representatives is at liberty to meet or interact with the victim in accordance with the law.

“Respondents, in view of submissions made by ASC (additional standing counsel), shall ensure to facilitate any such meeting if any intimation is given in this regard by the representatives of the petitioner, to obviate any concerns. However, it may be observed that any political colour shall not be given to the incident, nor any religious reflection added out of context, to avoid distortion of the criminal justice system,” the court said.

The court’s order came while disposing of a plea by the NGO seeking to meet through its two representatives and interact with the victim and her family for the purposes of providing them legal aid, assistance, and representation for proper investigation and before the courts of law, as per their choice to get due justice.

According to the prosecution, the woman was allegedly gangraped on January 26 after which she was paraded in the local area wearing a garland of footwear and beaten up by the family members of the accused.

A case of gangrape, criminal intimidation, and criminal conspiracy was registered at Vivek Vihar Police Station.

The NGO claimed that a woman belonging to a religious minority was victimised, outraging the religious feelings of Sikhs.

The NGO said that its representatives were not allowed to meet and interact with the victim and the whole area near the woman’s house was cordoned off.

The court was informed by the counsel for the State that there was no reservation on the part of the State for the meeting of any individual or organisation with the victim in accordance with law and the woman was stated to have been already provided with the necessary legal aid services.

The high court, in its order, said the petitioner seeks to raise important issues regarding the rights of the victim for legal aid, assistance, and representation for proper investigation before the courts of law as per their choice as well as seeks to confer rights on the organisations of the nature of the petitioner to meaningfully intervene and assist for the aforesaid purpose.

“The courts have also been proactive in balancing and ensuring that the rights of victims are duly addressed from the participatory stage of the investigation till the culmination of proceedings in an appeal or revision. The said rights are another facet of human rights implicit in the guarantee of Article 21 of the Constitution,” it said.

Regarding the NGO’s grievance that the victim has been illegally denied fair and effective assistance by refusing permission to its representatives to meet her, the court said it was clarified and submitted by the state’s counsel that there is no reservation for meeting any individual or organisation with the victim in accordance with the law.

The plea also sought to issue general directions to respondents (Delhi Police) to allow NGOs like the petitioner to meet and interact with victims and their families in offences against women, religious minorities, and underprivileged people for the purposes of providing legal aid, assistance for proper police investigation and representation before the courts of law to get due justice.

However, the judge said that it may not be appropriate to pass general directions to the respondents allowing for NGOs like the petitioner to meet and interact with victims since it has already been submitted on record by the state counsel that there is no such restraint or restriction for meeting the victim in the present case.

“Further, the aforesaid question is left open to be suitably considered in appropriate proceedings,” the court said and directed that a copy of the order be sent to the Delhi Police Commissioner, the concerned trial court, and DLSLA for ensuring time-bound disposal of the case with requisite legal assistance to the victim. 

(PTI)