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T.K.Jestin Marshall vs State Of Tamilnadu

Madras High Court|30 November, 2009

JUDGMENT / ORDER

(The Order of the Court was made by S.J.Mukhopadhaya,J) The Writ Petition in public interest is preferred by the petitioner for issuance of a Writ of Mandamus, to direct the first and third respondents to frame appropriate procedure to register an FIR and in the course of investigation and trial in crimes committed against disabled persons, especially against a deaf and/or dumb persons, with the assistance of an interpreter with the knowledge of sign language or in the presence of a person who could communicate with the deaf and dumb person and to set up Criminal Injuries Compensation Board as per the guidelines of the Supreme Court in the case of "Delhi Domestic Working Women's Forum Vs. Union of India", reported in 1995 (1) SCC 14 and to pay compensation to the victims of sexual assault.
2. The case was taken up from time to time and pursuant to the Court's orders, one of the destitute victim was examined by a Doctor, and certain directions were issued, which were complied with by the respondents.
3. On 13.6.2006, the State Government was directed to frame appropriate procedure to register the FIR, the course of investigation and trial and compensation payable in crimes committed against the disabled persons, especially against the deaf and dumb persons, and for constitution of Criminal Injuries Compensation Board, as per the direction of the Supreme Court in the aforesaid case.
4. Inspite of such direction, no scheme has been framed by the State. A counter affidavit has now been filed on behalf of the respondents-State, wherein, the procedures have been suggested, which are being intended to be conducted by the Government, as quoted hereunder:
"14. With regard to various grounds raised in the said Writ Petition, it is submitted that the following procedures have been suggested and are being intended to be adopted:
(i) The Department of Social Welfare may be entrusted with the responsibility providing assistance the form of legal representation to the disabled victims.
(ii) The Social Welfare Department in liaison, with the Free Legal Aids Service can prepare a panel of willing Advocates. The disabled victims can then select the Legal representative of their choice from this panel.
(iii) All Women Police Stations (AWPS) in each Sub Division may be specifically entrusted with the responsibility of handling the cases registered on complaints preferred by the disabled victims. A disabled victim approaching any other Police Station will be informed of this new facility for the disabled victims available at the All Women Police Station and then redirected to the All Women Police Station for submission of the complaint.
(iv) Requisite wide publicity will have to be given to this new system of All Women Police Station dealing with compliance from the disabled victims.
(v) The panel of willing Advocate to aid disabled victims shall be displayed prominently in all All Women Police Station since the victim needs to be provided with Legal representation at the Police Station itself. It will be mandatory to inform a disabled victim coming to All Women Police Station to lodge a complaint without any legal assistance of his/her right for legal representation before any questions were asked. The victims will be instructed to go through the panel and select their Advocates.
(vi) In case the victim is a deaf and dumb person who cannot write, a requisition will be sent to the Commissioner for Rehabilitation of the Disabled, who in turn will direct a Government Teac
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Title

T.K.Jestin Marshall vs State Of Tamilnadu

Court

Madras High Court

JudgmentDate
30 November, 2009