J U D G M E N T

Index to the Judgment

INTRODUCTION & FACTUAL BACKGROUND...................................... 2

CONSIDERATION OF THE PRAYERS MADE BEFORE THIS COURT4

Prayer (a): Supply of Copy of the Order of Acquittal Passed by the JJ Board........ 4

Prayer (c): Mechanism for Grant and Disbursement of Compensation to Victims of Sexual Assault .............................................................................................................. 7

Prayer (d): Mechanism for Prompt Intimation to DSLSA and Provision of Victim Support Services............................................................................................................... 8

Prayers (e) and (f): Policy and Legislative Measures Sought by the Petitioners.... 10

ISSUE OF AVAILABILITY OF VULNERABLE WITNESS DEPOSITION CENTRES BEFORE JUVENILE JUSTICE BOARDS ...............................11

Concern Raised before this Court ............................................................................... 11

Reports Received from the Registrar General and DHCLSC................................. 13

DR. SWARANA KANTA SHARMA. J

INTRODUCTION & FACTUAL BACKGROUND

1. Petitioner no. 2 before this Court is the father of an alleged victim of a sexual assault, who was about six years of age at the relevant time. On his complaint, FIR No. 142/2013 came to be registered for offences under Sections 307 and 376 of the Indian Penal Code, 1860 [hereafter ‘IPC’] at Police Station Badarpur, South East District, Delhi. The said case was tried by the learned Juvenile Justice Board–II, Delhi Gate, as the accused was a juvenile in conflict with law. Vide order dated 19.02.2015, the learned JJ Board–II acquitted the juvenile-accused.

2. Petitioner no. 1 is a society, which claims to have been authorised to support Petitioner No. 2, the father of the victim, and to institute the present proceedings on his behalf.

3. The principal grievance raised before this Court is that neither the victim nor her father (petitioner no. 2) was supplied a copy of the order dated 19.02.2015 passed by the learned Juvenile Justice Board–II, despite repeated efforts. In addition to the said grievance, the petition also raises broader concerns relating to the functioning of the criminal justice system in cases involving sexual assault, particularly those concerning child victims.

4. On the basis of these grievances, the petitioners have sought

the following reliefs:

―Issue a writ of mandamus and or a writ in the nature of mandamus or any other appropriate writ, direction or order to respondents,to pass appropriate order:

a. To PROVIDE immediately copy of order and judgement dt 24.02.2015 passed by the JJB II, Delhi Gate in FIR NO. 142/13 PS Badapur, including copy of the inquiry record of the case to the Pet. No. 2.

b. To APPOINT immediately female member on JJB II,

c. To FORMULATE standards and efficacious mechanisms for delivery of services for sexual assault victim/survivors including the right to receive counseling support; right to be legally represented when testifying as witnesses at inquiry; the right to receive information concerning the preinquiry and inquiry process, and outcome; right to receive protection, the right to compensation.

d. To Respondent No. 2 to FORMULATE MECHANISM whereby copy of FIR is received without delay from Police on registration of crimes of sexual assault and immediately on it‘s own motion Respondent No 2 para legal staff/volunteers handed over case to follow up, the disbursement of compensation not to take more than 30 days; and monitoring of cases of sexual assault of/by children handled by Respondent No. 2 appointed advocates, their periodic sensitisation, rotation etc.

e. To Respondent No. 1 to ADOPT AGE APPROPRIATE MEASURES in the field of education to modify the social and cultural patterns of conduct of men and women.

f. To HARMONISE ACTS aimed at providing better protection against sexual violence, specially the girl child, including a separate Bill of Ri