Laws for Trial of Rape Cases: The Ground Reality

Did you know that out of 70 rapes cases, only one is reported? Many rape victims do not report due to the fear of losing their social status in the Indian society, which looks at victims as miserable beings. This restricts many rape victims from getting justice and compensation for their loss of dignity.

Laws for Trial of Rape Cases

In a landmark case, Delhi Domestic Women’s Forum v. Union of India Citation (1995) 1 SSC 14, the Court reiterated some guidelines for trial of rape cases:

1) The rape victim should be provided with a legal representative who has a thorough understanding of criminal justice. The advocate should aid the complainant till the end of the case. The advocate is responsible for:

• Explaining the nature of proceedings to the victim
• Preparing her for the case
• Helping her in the police station and in the Court
• Guiding her on matters, such as obtaining medical help and mind consulting.

 2) Since the victim would be in distress at the police station, she should be provided with legal assistance.

3) The police must inform the victim about her rights to representation. The police report should also mention that the victim was duly informed.

4) To help victims with no access to legal help, the police station must maintain a list of lawyers disposed to help such victims.

5) The anonymity of complainants must be maintained as far as necessary in all rape trials.

6) Under the directives principles contained under Art. 38 (1) of the Constitution, Criminal Injuries Compensation must be set. In many rape cases, considerable losses are incurred by victims. For instance, some victims are unable to continue their employment after the incident.

Laws for Trial of Rape Cases: Human Rights of Foreign Rape Victims When a rape case is filed by a foreign national in India, under the Chairman Railway Board v. Chandrima Das Citation AIR 2000 SC 988, the complainant can get relief on the following grounds:

• Domestic Jurisprudence based on constitutional provisions
• Human Rights Jurisprudence based on the Universal Declaration of Human Rights