Appoint women lawyers to represent survivors in POCSO cases: Allahabad HC

The high court issued these directives and observations while hearing a bail plea of a man booked for allegedly committing rape with a speech-impaired girl

Taking note that very few women lawyers are appearing for rape survivors, the Allahabad high court has asked the Legal Services Committee of the court to appoint women lawyers in its panel of advocates to represent the survivors of the cases lodged under the Protection of Children from Sexual Offences (POCSO) Act, especially when the such survivors are minors.

Allahabad HC has asked the Legal Services Committee of the court to appoint women lawyers in its panel of advocates. (For Representation)

Passing these directives, Justice Ajay Bhanot observed that although the Legal Services Committee has empanelled counsel to represent survivors, very few women counsel are appearing for them. “In such circumstances, the high court legal services committee, high court Allahabad is requested to appoint lady counsel to represent the victims especially when the victims are minor girls”, the court said.

The court issued these directives and observations while hearing a bail plea of a man booked for allegedly committing rape with a speech impaired girl. The accused applicant was booked under section 376 (rape) of Indian Penal Code (IPC) and under the provisions of the POCSO Act as well as the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

The accused applicant had been in jail since June 8, 2021, and his bail plea was rejected by the trial court of Jaunpur district court on April 5, 2022. While hearing the bail application, the court noted that the survivor was a speech-impaired and considering her disability, there was no delay in lodging the First Information Report (FIR).

While rejecting the bail application of Ashish Yadav, the court observed, “The offence is grave. The likelihood of the applicant committed the offence is borne out from the records. At this stage, no case for bail is made out”

After rejecting his bail application, the court in its order dated August 2 also directed the trial court to hear the case on a day-to-day basis and conclude the trial within a year. The trial court was also directed to submit a fortnightly report on the progress of the case.

“Additionally, the police and administrative authorities of the state are also directed to ensure that coercive measures adopted by the court are given effect in a scrupulous manner to ensure the presence of the witnesses on the appointed date before the trial court”, the court directed.

Legal Services Committee of the high court provides free legal aid to poor, women and other needy persons. On the request of such persons, it provides a lawyer from its panel of advocates to represent them in court.