High Court orders govt to compensate woman jailed for ‘indecency’

According to the details of the case,Jyotsana was arrested by the local police inspector for alleged indecent behaviour in public in 2007. Although she was arrested for a non-cognisable offence,she had to undergo imprisonment for around 45 days as she did not have legal assistance. She remained in jail until the incident came to the notice of two NGOs — Yogkshem Foundation for Human Dignity and Dastak — which took up the matter with the HC and later the Supreme Court.

According to Meena Jagtap of Dastak,the entire episode has its roots in an altercation Jyotsana had with the wife of a judge in Kheralu while selling vegetables in January 2007. “Following the altercation,the judge’s wife must have impressed upon her husband to act against the woman and she was accordingly framed in the case by the local police,” said Jagtap.

She added that the police and the concerned magistrate worked so much against the woman that she,being an illiterate and unaware of her legal rights,had to spend 45 days in jail.

Ordering the state to pay compensation to the woman,Justice Akil Kureshi observed,“I find that there is something seriously disconcerting about the entire system which operated against a poor,illiterate and downtrodden lady.”

Calling the police investigation in the incident against law,Justice Kureshi also lambasted the magistrate who failed to provide legal help to the woman.

He further said: “The learned magistrate,in my view,could have acted with a little more sensitivity. The police officer,instead of releasing the petitioner on bail on personal bond,produced her before the magistrate. An illiterate woman with no assistance,monetary or legal,was thrust before the court of law.”

The court said that the duty of the magistrate was to explain the allegations against her and to find out whether she needs legal assistance or not. “This is the requirement of the Constitution first and foremost,” said Kureshi.

The legal fight for Jyotsana had reached as far as the Supreme Court. Initially,the NGOs had filed a PIL in the Gujarat HC demanding justice for her. After the HC dismissed the petition,they moved SC and the latter ordered to hear the petition and pass an appropriate order.