The High Court of Gujarat has ordered the Director-General of Police (DGP) to ensure that all Police Stations across the state have a panel of advocates to aid survivors of sexual offences. The HC gave the order after noticing that the Apex Court’s directions issued 27 years ago have been disregarded.

The High Court said that its intervention seems necessary to ensure rape survivors get legal representation from the beginning of criminal proceedings.

The High Court, on Feb 17, was hearing a habeas corpus petition filed by the family of a minor girl who had been abducted & sexually exploited. When the girl was rescued, she was found pregnant. After the nod from the survivor & her family, the High Court ordered the termination of her pregnancy. When the Court inquired about the legal assistance given to the survivor, the investigating officer was found ignorant about any such measure.

The bench of Justice Sonia Gokani and Justice Aniruddha Mayee asked the police official about the 1995 order of the Apex Court, in which every police station was directed to create a panel of lawyers to assist the survivors of sexual offences.

This arrangement was envisaged to secure continuity of assistance by ensuring that the same person who looked after the survivor’s interests at a police station represents her till the end of the case.

As the police official was unaware of the SC’s directions, the high court said that the Supreme Court’s directions are “often observed in the breach”.

“There is no list of empaneled advocates noticed in the police stations,” the Court said.

“Therefore, it is also necessary for us to show the indulgence by drawing the attention of the Director General of Police for the purpose of issuance of necessary circular/direction/notification for every police station of the state to maintain, for effective implementation of the directions issued in the year 1995, without further loss of time,” the Court added.

The High Court has told the DGP to file an affidavit in 6 weeks showing how the apex court’s directions have been complied with.

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