JUDGMENT

Mohan, J. - This public interest litigation invokes the benign provisions of Article 32 of the Constitution of India, at the instance of the petitioner Delhi Domestic Working Womens Forum to espouse the pathetic plight of four domestic servants who were subject to indecent sexual assault by seven Army personnel.

2. The incident, with a filmy background, has outclassed even the movies. On 10th of February, 1993, six women, by name, Usha Minz, Shanti, Josphine Kerketta, Rosy Kerketta, Nilli and Lili, domestic servants, were travelling by Muri Express. The journey was from Ranchi to Delhi. One of the victims Miss Lili described the incidence graphically as follows:

"I was coming from my home town to Delhi by Muri Express: On 10.2.1993 at about 11.00 PM, the Muri Express was at the Khmja Railway Station. At that time, I along with my village girls (1) Usha Minz d/o John Minz (2) Shanti d/o Siri Anuas Minz (3) Josphine Kerketta d/o Junus Kerketta (4) Rosy Kerketta d/o Remis Kerketta (5) Nilli Ross d/o Boas Minz, was travelling in SRI Coach. I slept at berth No. 50. Ourfriend, Shanti, woke up and told that some persons were teasing her. When, I and my remaining friends got up, we saw that about 7/8 army ‘Jawan’ had come near us. Then we all friends got up and sat on our respective seats. Then all those army -men began to molest us. First they - two sikhs and 6 cleaned shaved men made me and my five friends sit on lower seats and then kissed and hughed us and lured on our body and breasts. On our objection they caught us from our hair and began to beat us. When we tried to cry, they shut our mouths. Then they threatened me and my friends that in case we will make any hue and cry they will throw us out of the running train and will kill us. On this we got frightened and sat there. From these 8 army men - two sikhs and 6 clean shaved, one sardar and one clean shaved man forcibly made me to lie down ort the lower berth and on the other adjacent lower berth another sardar took another girl and one clean shaved fauji took Rossy to bathroom. Two other army men made Shanti to lie down on the nearby seat. Another two men tried to take Usha and Nilli but both sat under the seat to hid themselves. Thereafter, first Sardar Fauji (whose name has been disclosed in the court as Dhir Singh S/o Puran Singh, PO: Dostpur, PS: Kalanaur, Distt: Gurdaspur (Punjab), forcibly put off my cloth and removed underwear, raped me. After him, another clean shaved fauji, whose face is round and height is about 58" raped me. My friends Shanti and Rosy were also forcibly raped by remaining army men. Thereafter, we tried to lodge a report with the police on the way, but nobody listened us. When the train stopped at New Delhi Railway Station, then I and my friends attempted to catch these persons. They all got down and ran here and there. However, I and my friends could catch hold of aforesaid Sardar Dhir Singh, who had raped me. We all caught him. In the meanwhile, some persons gathered there. Some Army Officers and Policemen overpowered him and took him to MCO office. Then after a while they came in Station and handed over Shri Dhir Singh to you. Sardar Dhir Singh has raped me and his colleagues have raped my friends."

3. This formed the basis of the first information report for offences under Section 376B read with Section 341 I.P.C. which was registerd at the Police Station New Delhi Railway Station (Crime & Railways) as No. 049 of 1993 at 6.35 A.M. on 11th February, 1993. It appears after registering the F.I.R. the six rape victims were sent for medical check up.

4. The members of the petitioner-Forum went in groups to all the addresses given by the police to meet the victims. In none of the places they were allowed to meet the victims though the employers admitted gaining knowledge about the rape and the victims were with them. The petitioner-forum is very much concerned as the victims are its members, to get the needed social, cultural and legal protection.