New Delhi: To ensure that victims of heinous crimes like rape are acquainted with technicalities of the criminal justice system before their statements are recorded, Delhi State Legal Services Authority (DLSA) is considering assigning 2-3 lawyers to each police station in the capital.

The idea is to marshal all the information available with the victim or survivor in a coherent way so that it can stand the test of judicial scrutiny.

“We are nominating a team of 2-3 legal services advocates with every police station, whose services may be requisitioned on call-basis and whenever there is a case involving the category of persons who are entitled for legal aid services. The modalities in this regard are still being worked out. As soon as a standard operating protocol is prepared and put into action, the same will be informed and shared with public at large," said L.D Malik, member-secretary, DLSA, in an emailed response to queries.

Under Article 39A of the Constitution, the state is responsible for arranging legal aid, through the directive principles of state policy, and ensuring that the legal system dispenses justice without discrimination. Under section 12 of the Legal Services Authorities Act, 1987, all women and children are entitled to legal aid.

The proposed step will provide a better quality of lawyers available to the victims immediately after they reach the police station, instead of getting the help at the trial stage.

“This is a welcome step. DLSA is basically providing additional help. This will help the victim get a little more clarity on her case before she gives her statement. Generally a non-legal mind can’t process such details which otherwise are significant to the case, particularly when in a state of shock," said advocate Rebecca John.

According to a 1994 Supreme Court judgment, as soon as a woman approaches a police station with an allegation of rape, the police ought to inform her that she is entitled to legal counsel to help her file a case. The lawyer should also assist her in other ways, such as in getting her medical care.

A list of lawyers willing to help with these cases should also be available at every police station, the court ruled. In another landmark judgment in 2009, the Delhi high court mandated every station to have a female officer not below the rank of head constable available around the clock, according to a 2009 Delhi high court judgment

As a rule, in cases of rape, as soon as the duty officer in a police station receives a complaint, he calls for a female police officer. And in the meantime, the investigating officer or station house officer informs the Rape Crisis Cell (RCC) established by Delhi Commission of Women, which in turn deputes a member from the Crisis Intervention Centre. The role of the RCC lawyers at the police station includes helping the victim lodge a complaint with the police and providing free legal assistance to victims of sexual assault from the time the complaint is registered.

According to the latest National Crime Records Bureau, Delhi registered 1,813 cases of rape in 2014 compared with 1,441 in 2013 and 585 in 2012.

Anti-trafficking NGO Shakti Vahini’s Rishi Kant says with the rising number of rape and sexual assault cases, it is a welcome step but, “in cases of rape, RCC lawyers are already assigned and what our personal experience shows is that they are mostly mute spectators. The assignment shouldn’t be random, but these DLSA lawyers should be first sensitized with the women’s issues and also choose the role. If it is forced, it will be as good as not having them."

The lawyers under DLSA are paid ₹ 500 per case for attending the investigation, remand and proceedings. They are entitled to travelling expense of between ₹ 100 and ₹ 250.

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