WORKSHOP ON GENDER JUSTICE

TOPIC 3

Presented by group A3 Serial number 21-30

How to expedite trial of cases related to women

Justice Krishna Iyer in Babu Singh v. State of UP 1978 Cri LJ 651. remarked, "Our justice
system even in grave cases, suffers from slow motion syndrome which is lethal to 'fair trial'
whatever the ultimate decision. Speedy justice is a component of social justice since the
community, as a whole, is concerned in the criminal being condignly and finally punished within
a reasonable time and the innocent being absolved from the inordinate ordeal of criminal
proceedings."

The legal maxim “Justice delayed is justice denied”, is the corner stone and essence of criminal
justice system. It is in the larger interest of society that there is speedy and effective justice and
the trust of the people is retained in the judiciary. Broadly the reasons for delayed justice can be
listed as follows; lack of scientific investigation, inadequate court infrastructure, absence of
meaningful coordination between prosecution and investigation agencies, overburdened state
apparatus etc. These problems assume monstrous proportion especially in context of women
related cases, which require greater sensitivity and prompt response. In the aftermath of the
Nirbhaya Rape Case there was huge public outrage demanding more from the makers and
adjudicators of law. It is in this light that our topic assumes significance as despite many
commendable steps, the Hyderabad Rape Case has left us at the same juncture.

Legally speaking trial under the Code of Criminal Procedure 1973, begins with the magistrate
taking cognizance of the case but there are many stages prior to that which impact the ultimate
course of the trial. In trial related to women the following hurdles stand in the speedy and effective
resolution of cases:

 Social stigma attached to women related cases

 Lack of sensitization of the police machinery
 Unscientific collection of evidence and tampering of evidences,
 Inadequate witness protection schemes
 Low women representation in criminal justice system
 Huge pendency of cases
 Unprofessional and unethical conducts like unnecessary strikes and adjournments
 Weak prosecution machinery.
 Lack of coordination various stakeholders of justice delivery system
On societal level the above stated issues can be tackled by vehemently opposing social taboo
relating to women related issues specially molestation, sexual harassment, eve teasing etc. and
through the spread of legal literacy. Programmes like Sukanya Sammridhi Yojana, Beti Bachao
Beti Padhao and laws like The Sexual Harassment of Women at Workplace (Prevention,
Prohibition and Redressal) Act, 2013, The Criminal Law (Amendment) Act, 2013,
The Criminal Law (Amendment) Act, 2018 signal a change in mindset of the electorate and
their representatives.

The law and order machinery on the whole needs to adapt in order to assist the expeditious trial of
cases. The Law Commission of India specifically discussed this issue threadbare in its 154th
Report and categorically recommended for separating the investigating agency from the law and
order police. Placement policy of investigating staff, inadequate training, Comprehensive use of
Forensic Science from the inception and problems related to Medico Legal Services were also
highlighted.

Several measures have been suggested to improve the quality of investigation. Interrogation
centres need to be set up at district headquarters in each district where they do not exist and
strengthened where they exist. A mechanism for coordination amongst investigators, forensic
experts and prosecutors at the State at district level for effective investigations and prosecutions
needs to be devised.

A suitable provision is required to exclude the period during which the accused is not available for
investigation on grounds of health etc. for computing the permissible period of police custody.
Refusal to entertain complaints regarding commission of any offence should be made punishable.
Stringent punishment is required for false registration of cases & false complaints.

It was highlighted that the common man suffers as the manner in which police investigation is
conducted is of critical importance to the functioning of the criminal justice system. Prompt and
quality investigation are the foundation of an effective criminal justice system. There is also the
issue of non-registration of cases by police. Moreover, there should be specialized and trained
Women Police Officers to deal with the legal requirements under the amended laws.

There should also be an internal mechanism of investigation agencies to monitor and registration
of such cases in filing of charge sheet. The online system for FIR registration and digitization of
police records like that done by Delhi police will streamline the working of police. There should
be adequate one stop centres to provide integrated support and assistance under one roof to women
affected by violence, both in private and public spaces in phased manner.

The need is for better use of Crime and Criminal Tracking Network and Systems (CCTNS). The
challenges faced during implementation of CCTNS in various States and UTs like orienting police
personnel in States and UTs to adopt Information Technology and CCTNS application; getting
adequate technical manpower in State Police Departments; digitization of legacy crime and
criminal records; use of multiple languages to record data; and provision of network connectivity
for police stations especially in geographically difficult locations; need to be resolved.

At the level of judiciary there is need more women judges especially keeping in mind the
requirements under amended procedural laws for instance recording of statements in crimes
against women under S 164 Crpc by female officers and provision of Section 327(2) which
provides for in camera trial by lady officer. There is further need for institutional training to
Prosecuting Officers of the state for handling cases related to women efficiently. In Re alarming
rise in the number of reported child rape incidents, Hon’ble Justice Deepak Mishra and
Hon’ble Justice Aniruddh Bose emphasized the need for trained prosecuting officers. Further
stricter provisions with respect to witness testimony must be made to ensure their cooperation
during trial along with implementation of suitable witness protection programmes.

Section 309 Crpc which provides for day to day hearing and the completion of inquiry or trial in
offences related to women within 2 months from the date of filing of chargesheet, this provision
must be observed both in letter and spirit. For this courts can impose exemplary costs where
frequent adjournments are taken on frivolous grounds. Bar and Bench relations must be
strengthened to seek their cooperation in regard to cases related to women. Concerned Bar
Associations may be convinced to support Bench in such cases during strikes.

In Janhit Manch (A regd. Society and trust) v. Union of India PIL NO. 155 OF 2009
inadequacy of number of judges and infrastructure including electronic and internet connectivity
and inadequacy of appropriate training and infrastructure were highlighted. Further there is
inadequacy and efficiency of court staff. And the existing staff is already overburdened.

The Provision under section 299 which provides for recording of evidence in absence of accused
must be effectively used in cases where there is no immediate prospect of arresting the accused.
Also, Section 314 can be used for securing a written memorandum to expediting the cases related
to women. Further in State of Kerala v. Rasheed, AIR2019 SC 721 Hon’ble Apex Court has held
that under Section 230 of Cr.P.C. as far as possible detailed case-calendar must be
prepared at the commencement of the trial after framing of charges for expeditious disposal of
cases.

The Hon’ble Supreme Court In Re: assessment of criminal justice system in response to
sexual offences SMW (CRL.) No(s).04 OF 2019 took stock of the criminal law post Nirbhaya as
the statistics reveal that desired results have not been achieved. As per the latest report of
National Crime Records Bureau of Crime in India in the year 2017, total 32,559 cases of rape
were registered in India. Hence there is need to take stock of the situation and the duty lies on
judicial officers to effectively use the provisions of law to remedy this situation.

In addition to this while on one hand government needs to notify sufficient number of scientific
experts, on the other hand expert testimony under Section 293 must be prioritized to facilitate
prompt recording of expert evidence.
Justice is the first virtue of any civilized society, thus every person should have equal opportunities
and access to justice and women who are an integral part of our society should not only be made
socially, economically and politically empowered but legally empowered too. However on a
positive note, the recent steps for the speedy trial in cases related to women for example: the
proposed "national mission for safety of women" through the Ministry of Home Affairs, one of its
key objectives being expedition of trial and disposal of the cases involving women and children.
Moreover there has been setting up fast track special courts throughout the country. India’s first
advanced forensic lab dedicated to women related cases to come up in Chandigarh under the name
“ससस ससससससस” for timely delivery of justice. Furthermore, five other such type of labs are
yet to be established in the various places like Mumbai Chennai Guwahati Pune and Bhopal, these
highly advanced labs are necessary for analysis of pending sexual assault cases in country.

We believe on the philosophy:

सससस ससससससससस ससससससससस सससससस सससस ससससस

meaning thereby, Where women are worshiped, there lives the Gods!!

Thus every possible step should be taken to ensure dignity of women so that they can fulfill their
destiny as the builder of a progressive nation and a peaceful world.