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| 1 | Supreme court takes suo moto cognizance to a***ess the ımplementation of rape laws-frames a series of questions for states and union of ındia toreply |
| 2 | Justice ranjan gogoi delivers the third ramnath goenka memorial lecture — the vision ofjustice |
| 3 | How government plans to usedna |
| 4 | Societies that are not vigilant risk losing their const**utionally guaranteedliberties. |
| 5 | Chelameswar says civil society has a crucial role to play |
| 6 | ‘keep debate alive’ |
| 7 | ındia is lacking in the amount of s***ual and violent crime cases that utilize dna to link the accused to the crimescene |
| 8 | Law-making amid moraloutrage |
| 9 | Rage of the self-righteousrepublic |
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| 3 | After a series of attempts to legislate dna technology, a bill on the subject has been cleared by the cabinet. whose dna does the bill propose to use, and how? how will it address privacy concerns? |
| 4 | Broad features |
| 5 | Limited purpose |
| 6 | Saf***uard against misuse |
| 7 | Previous attempts |
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| 1 | By sowmiya ashok , amitabh sinha | new delhi, pune published in the ındian express |
| 2 | A more aggressive dna approach at crime scene, in the lab and in the court, will increase conviction rates and make ındia safer for women |
| 3 | New delhi, delhi, ındia |
| 4 | By sanjay hedge , sr advocate, published in the hındu |
| No | Text |
| 1 | investigation process, collection of evidence, recording of statement of victim and time frame for trial |
| 2 | IN RE : a***ESSMENT OF THE CRIMINAL JUSTICE SYSTEM IN RESPONSE TO s***UAL OFFENCES SMW (CRL.) No(s).04 OF 2019 |
| 3 | Thus, we consider it appropriate to call for status report with regard to the following: – (8) |
| 4 | (1) whether all the Police Stations have a woman police officer or woman officer to record the information of the victim? |
| 5 | (2) In case, an information relating to offence of rape received at a Police Station, reveals that the place of commission of the offence is beyond its territorial jurisdiction, whether in such cases FIR without crime number are being recorded? |
| 6 | (3) whether provisions are available for recording of first information by a woman police officer or a woman officer at the residence of the victim or any other place of choice of such person in case the victim is temporarily or permanently mentally or physically disabled? |
| 7 | (4) whether all the District Police Units have the details of special educator or an interpreter in case of a mentally or physically disabled victim? |
| 8 | (5) whether the police department of states or union territories have issued any circulars to make provision of videography of the recording of statements and depository of the same? |
| 9 | (6) whether any state has published guidelines in the shape of Standard Operating Procedure (SOP) to be followed for responding after receipt of the information relating to case of rape and similar offences? |
| 10 | Thus, we consider it appropriate to call for status report with regard to the following:- (4) |
| 11 | (1) whether any case has been registered under the Section 166A of IPC against any public servant? |
| 12 | (2) whether there is any mechanism in place to complain about the non-recording of information by the officer giving cause to offence under Section 166A with any other inst**ution/office, other than the concerned police station? |
| 13 | (1) whether any advisory or guidelines have been issued by the authorities to all the hospitals and medical centres in this regard? |
| 14 | (2) whether any case has been registered against any person under Section 166B of IPC? |
| 15 | (1) whether the Medical Opinion in the cases relating to rape and similar offences is being given in compliance with the mandate of Section 164A of Cr.P.C.? |
| 16 | (2) whether the Medical Opinion in the cases relating to rape and similar offences is being given in tune with definition of rape under Section 375 of IPC as it stands today? |
| 17 | (3) whether the states have adopted the Guidelines & Protocols of The Ministry of Health and Family Welfare, Government of India or have they prepared their own Guidelines & Protocols? |
| 18 | (4) whether requisite Medico-forensic kit are available with all the hospitals/health centres run by the Government or by local authorities? |
| 19 | (5) whether the medical experts have done away with the Per-Vaginum examination commonly referred to as ‘Two-finger test’ and whether any directions have been issued by the states in this regard? |
| 20 | (6) whether medical experts have done away with the practice of giving opinion on the previous s***ual experience of the victim or any directions have been issued by the states in this regard? |
| 21 | (7) whether lady medical practioners, if mandated, are available at all district and sub-divisional headquarters to draw up the medical examination report of the victim? |
| 22 | (1) whether there is any Standard Operating Procedure (SOP) or Protocol for taking samples for Forensic DNA, Forensic odontology and other forensics for Medical Pract**ioners? |
| 23 | (2) whether there are adequate number of equipped Forensic Laboratories at least one at every Division Level to conduct forensic DNA and Forensic odontology analysis regionally? |
| 24 | (3) subject to availability, whether Central Government has notified sufficient number of Government scientific expert other than already specified under Section 293 of Cr.P.C.? |
| 25 | (1) whether police is completing the investigation and submitting the final report within a period of two months from the date of recording of information of the offence and if no, reasons for delay? |
| 26 | (2) whether sufficient number of women police officers are available to conduct investigation into the offences relating to rape and other s***ual offences? |
| 27 | (1) whether the police is taking the victim for recording of the statements as soon as the commission of the offence is brought to the notice of police? |
| 28 | (2) whether the Magistrate Courts or the trial courts have the availability of the interpreter or special educator in each Districts? |
| 29 | (3) whether the Magistrate Courts or the trial Courts have the facility of videography of the statements and depository of the same in the Courts? |
| 30 | (1) whether trial of cases relating to rape are being conducted by Courts presided over by a woman? |
| 31 | (2) whether sufficient number of lady judges are available to preside over the Courts dealing with s***ual offences and rape? |
| 32 | (3) whether all courts holding trial of cases relating to offence of rape have requisite infrastructure and are conducting in camera trial? |
| 33 | (4) whether the trial relating to cases of rape is being completed within a period of two months from the date of filing of charge-sheet, if not, the reasons for the delay? |
| 34 | (5) whether sufficient number of special Courts have been established to deal exclusively with the cases of rape and other s***ual offences? |
| 35 | 1) whether case-calendar as envisaged in the Rasheed case is being prepared by the Trial Courts keeping in mind the time line of two months mandated by Section 309 of Cr.P.C.? |
| 36 | (2) whether the attendance of the witnesses is being ensured by the Prosecution to ensure the examination of witnesses on the fixed dates? |
| 37 | (3) whether any guidelines have been issued by Bar Councils or a***ociations urging the Advocates to a***ist the Court in completion of trial within the stip****ted period? |
| 38 | (4) whether special exclusive permanent trial courts have been created in the state to deal with cases relating to rape and s***ual a***aults? |
| 39 | (5) whether any High Court has const**uted Special Bench for expeditious hearing of appeal in these cases? |
| 40 | (1) whether any policy of victim/witness protection in the cases relating to rape is framed and implemented? |
| 41 | (2) whether police protection is being provided to the victim during investigation and trial of the offence? |
| 42 | (3) whether there are special waiting room in the Court premises for victim/witnesses of cases relating to offence rape? |
| 43 | (4) whether the trial Courts have taken appropriate measures to ensure that victim woman is not confronted by the accused during the trial as mandated by Section 273 Cr.P.C.? |
| 44 | 1) whether Courts are recommending the District Legal Service Authority or the State Legal Service Authority for compensation in appropriate cases? |
| 45 | (2) whether the amount of interim or final compensation is being provided to the victims in time bound manner? |
| 46 | (3) whether the above-mentioned Scheme of 2018 or suitably amended Scheme, has been implemented by the states for rehabilitation of victims of rape? |
| 47 | (4) whether the SLSA or NLSA has formulated any scheme for social, medical and economic rehabilitation of the victim? |
| 48 | (5) whether any state has prepared a policy with regard to the counselling of the victim and medical, social and in some cases, economic rehabilitation of the victim? |
| 49 | (6) whether there are any counselling/rehabilitation centres in existence for the victims of rape? |
| 50 | (1) Utilization of the Nirbhaya Fund by Central or State Government(s) for the purposes envisioned? |
| 51 | PUBLISHED IN THE INDIAN EXPRESS |
| 52 | Full text of Justice Ranjan Gogoi’s speech at RNG Memorial Lecture: |
| 53 | PART 1: |
| 54 | PART 2: |
| 55 | PART 3: |
| 56 | DNA REGULATORY BOARD: |
| 57 | DNA DATABANK: |
| 58 | Tim Sch****berg, President, Gordon Thomas Honeywell Governmental Affairs (GTH-GA), a legal and policy expert of forensic DNA |
| 59 | Senior Advocate, Delhi High Court, Vivek Sood |
| 60 | GTH-GA works globally on DNA |
| No | Text |
| 1 | Juvenile Justice (Care and Protection of Children) Bill in the Rajya Sabha |
| 2 | Juvenile Justice Board |
| 3 | Criminal Law (Amendment) Act, 2013 |
| 4 | Juvenile Justice (Care and Protection of Children) Amendment Bill, 2015, |
| 5 | Private grief, public empathy |
| 6 | Worse than the disease |
| 7 | Pitfalls of extreme justice |
| No | Text |
| 1 | (1) whether all the Police Stations have a woman police officer or woman officer to record the information of the victim? |
| 2 | (2) In case, an information relating to offence of rape received at a Police Station, reveals that the place of commission of the offence is beyond its territorial jurisdiction, whether in such cases FIR without crime number are being recorded? |
| 3 | (3) whether provisions are available for recording of first information by a woman police officer or a woman officer at the residence of the victim or any other place of choice of such person in case the victim is temporarily or permanently mentally or physically disabled? |
| 4 | (4) whether all the District Police Units have the details of special educator or an interpreter in case of a mentally or physically disabled victim? |
| 5 | (5) whether the police department of states or union territories have issued any circulars to make provision of videography of the recording of statements and depository of the same? |
| 6 | (6) whether any state has published guidelines in the shape of Standard Operating Procedure (SOP) to be followed for responding after receipt of the information relating to case of rape and similar offences? |
| 7 | By the Amendment Act of 2013, a new provision of Section 166A made the failure of a public servant to record any information of such offences, as prescribed, under sub-Section 1 of Section 154 of the Cr.P.C., a punishable offence, prescribing both rigorous imprisonment and fine for the guilty. |
| 8 | (1) whether any case has been registered under the Section 166A of IPC against any public servant? |
| 9 | (2) whether there is any mechanism in place to complain about the non-recording of information by the officer giving cause to offence under Section 166A with any other inst**ution/office, other than the concerned police station? |
| 10 | (1) whether the Medical Opinion in the cases relating to rape and similar offences is being given in compliance with the mandate of Section 164A of Cr.P.C.? |
| 11 | (2) whether the Medical Opinion in the cases relating to rape and similar offences is being given in tune with definition of rape under Section 375 of IPC as it stands today? |
| 12 | (3) whether the states have adopted the Guidelines & Protocols of The Ministry of Health and Family Welfare, Government of India or have they prepared their own Guidelines & Protocols? |
| 13 | (4) whether requisite Medico-forensic kit are available with all the hospitals/health centres run by the Government or by local authorities? |
| 14 | (5) whether the medical experts have done away with the Per-Vaginum examination commonly referred to as ‘Two-finger test’ and whether any directions have been issued by the states in this regard? |
| 15 | (6) whether medical experts have done away with the practice of giving opinion on the previous s***ual experience of the victim or any directions have been issued by the states in this regard? |
| 16 | (7) whether lady medical practioners, if mandated, are available at all district and sub-divisional headquarters to draw up the medical examination report of the victim? |
| 17 | (1) whether there is any Standard Operating Procedure (SOP) or Protocol for taking samples for Forensic DNA, Forensic odontology and other forensics for Medical Pract**ioners? |
| 18 | (2) whether there are adequate number of equipped Forensic Laboratories at least one at every Division Level to conduct forensic DNA and Forensic odontology analysis regionally? |
| 19 | (3) subject to availability, whether Central Government has notified sufficient number of Government scientific expert other than already specified under Section 293 of Cr.P.C.? |
| 20 | (1) whether police is completing the investigation and submitting the final report within a period of two months from the date of recording of information of the offence and if no, reasons for delay? |
| 21 | (2) whether sufficient number of women police officers are available to conduct investigation into the offences relating to rape and other s***ual offences? |
| 22 | (1) whether trial of cases relating to rape are being conducted by Courts presided over by a woman? |
| 23 | (2) whether sufficient number of lady judges are available to preside over the Courts dealing with s***ual offences and rape? |
| 24 | (3) whether all courts holding trial of cases relating to offence of rape have requisite infrastructure and are conducting in camera trial? |
| 25 | (4) whether the trial relating to cases of rape is being completed within a period of two months from the date of filing of charge-sheet, if not, the reasons for the delay? |
| 26 | (5) whether sufficient number of special Courts have been established to deal exclusively with the cases of rape and other s***ual offences? |
| 27 | “The following practice guidelines should be followed by trial courts in the conduct of a criminal trial, as far as possible: |
| 28 | a detailed case-calendar must be prepared at the commencement of the trial after framing of charges; |
| 29 | the case-calendar must specify the dates on which the examination-in-chief and cross-examination (if required) of witnesses is to be conducted; |
| 30 | iii. the case-calendar must keep in view the proposed order of production of witnesses by parties, expected time required for examination of witnesses, availability of witnesses at the relevant time, and convenience of both the prosecution as well as the defence, as far as possible; |
| 31 | testimony of witnesses deposing on the same subject matter must be proximately scheduled; |
| 32 | the request for deferral under Section 231(2) of the Cr.P.C. must be preferably made before the preparation of the case calendar; |
| 33 | the grant for request of deferral must be premised on sufficient reasons justifying the deferral of cross-examination of each witness, or set of witnesses; |
| 34 | vii. while granting a request for deferral of cross-examination of any witness, the trial courts must specify a proximate date for the cross-examination of that witness, after the examination in- chief of such witness(es) as has been prayed for; |
| 35 | viii. the case-calendar, prepared in accordance with the above guidelines, must be followed strictly, unless departure from the same becomes absolutely necessary; |
| 36 | in cases where trial courts have granted a request for deferral, necessary steps must be taken to saf***uard witnesses from being subjected to undue influence, hara***ment or intimidation.” |
| 37 | 1) whether case-calendar as envisaged in the Rasheed case is being prepared by the Trial Courts keeping in mind the time line of two months mandated by Section 309 of Cr.P.C.? |
| 38 | (2) whether the attendance of the witnesses is being ensured by the Prosecution to ensure the examination of witnesses on the fixed dates? |
| 39 | (3) whether any guidelines have been issued by Bar Councils or a***ociations urging the Advocates to a***ist the Court in completion of trial within the stip****ted period? |
| 40 | (4) whether special exclusive permanent trial courts have been created in the state to deal with cases relating to rape and s***ual a***aults? |
| 41 | (5) whether any High Court has const**uted Special Bench for expeditious hearing of appeal in these cases? |
| 42 | (1) whether any policy of victim/witness protection in the cases relating to rape is framed and implemented? |
| 43 | (2) whether police protection is being provided to the victim during investigation and trial of the offence? |
| 44 | (3) whether there are special waiting room in the Court premises for victim/witnesses of cases relating to offence rape? |
| 45 | (4) whether the trial Courts have taken appropriate measures to ensure that victim woman is not confronted by the accused during the trial as mandated by Section 273 Cr.P.C.? |
| 46 | 1) whether Courts are recommending the District Legal Service Authority or the State Legal Service Authority for compensation in appropriate cases? |
| 47 | (2) whether the amount of interim or final compensation is being provided to the victims in time bound manner? |
| 48 | (3) whether the above-mentioned Scheme of 2018 or suitably amended Scheme, has been implemented by the states for rehabilitation of victims of rape? |
| 49 | (4) whether the SLSA or NLSA has formulated any scheme for social, medical and economic rehabilitation of the victim? |
| 50 | (5) whether any state has prepared a policy with regard to the counselling of the victim and medical, social and in some cases, economic rehabilitation of the victim? |
| 51 | (6) whether there are any counselling/rehabilitation centres in existence for the victims of rape? |
| 52 | (1) Utilization of the Nirbhaya Fund by Central or State Government(s) for the purposes envisioned? |
| 53 | After a series of attempts to legislate DNA technology, a Bill on the subject has been cleared by the Cabinet. Whose DNA does the Bill propose to use, and how? How will it address privacy concerns? |
| 54 | “DNA is the world’s greatest crime fighting tool. Consequently, DNA should be aggressively collected, tested and compared to the accused. DNA testing is happening in India, but not nearly enough,” |
| 55 | “In Delhi, the numbers of rape cases have tripled over the last five years, registering an increase of 277% from 572 in 2011 to 2,155 in 2016. In these cases, I rarely see DNA evidence presented by the prosecutors during trial. This is because DNA is not properly collected at crime scenes on a routine basis, and when it is collected, it is stuck in long backlogs in our underfunded crime laboratories. As a result, there is an over reliance on verbal statements provided by witness/witnesses in the court that can result in wrongly convicting the innocent. We must have more DNA testing to ensure a swift and just result for both the victims and the accused.” |
| No | Text |
| 1 | A more aggressive DNA approach at crime scene, in the lab and in the court, will increase conviction rates and make India safer for women |
| 2 | (Sanjay Hegde is a senior advocate of the Supreme Court.) |
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