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This is an archive article published on April 16, 2009

DCW submits guidelines to HC for sex offence trials

The Delhi Commission for Women on Wednesday submitted a series of guidelines to sensitise and effectively conduct investigations and trial in sex offences,particularly in cases of incest involving minor girls.

The Delhi Commission for Women (DCW) on Wednesday submitted a series of guidelines to sensitise and effectively conduct investigations and trial in sex offences,particularly in cases of incest involving minor girls.

The guidelines,prepared jointly by DCW’s legal experts with the Delhi government and the city police,pitch for “drastic but simple changes”,like extra “effort” from the metropolitan magistrate hearing a case “to be respectful and polite to the child victim and her family”.

Other views that form the thrust of the recommendations include a woman police officer being made available round the clock at every police station,completion of investigations within 30 days under the “personal supervision” of an Assistant Commissioner of Police and compensation for victims and educational and vocational training under the Child Welfare Committee.

The document was placed today before the Bench after the Registrar General of the Delhi High Court whetted the recommendations.

The PIL,filed by the DCW,was prompted by the acquittal of a man charged with the rape of his four-and-half-year-old daughter after his wife and elder daughter turned hostile during trial.

One of the changes the guidelines attempt to bring about is the payment of travelling expenses for witnesses made to wait in vain for an entire day after they are summoned for examination.

The guidelines give prime importance to the privacy of the victim and her family during investigations,but suggest that a family member cannot be present when the child gives her statement to the police. “In incest cases,where there is a possibility of complicity of the family in the crime,a family member should not be permitted,” the document draws an exception.

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It also calls for special rooms to be set up in all government hospitals for victims to be examined and questioned in privacy. Other medical care includes availability of sexual assault forensic evidence (SAFE) kits,detailed chronicling of the abuse history of victims and provision of toiletries and clothes to victims in public hospitals.

The guidelines also vote in favour of a specialised agency called “Rape Crises Cell” established under the DCW to provide legal assistance in sexual assault cases.

A few of the DCW guidelines
* A woman police officer being made available round the clock at all police stations
* Completion of investigations within 30 days under supervision of an ACP
* Compensation for victims and educational training
* Payment of travelling expenses for witnesses
* Importance to privacy of victim and her family during investigations. Also,complete privacy for victim when she gives her statement to police
* Special rooms to be set up in all government hospitals for victims
* Availability of sexual assault forensic evidence (SAFE) kits
* A “Rape Crises Cell” established under the DCW for legal aid to victims

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