Today(on 9th May), Delhi HC requests responses from DCW and city government on petition by lawyers challenging short-term contracts in the rape crisis cell. Justice Subramonium Prasad issues notice for replies within three weeks.
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NEW DELHI: Today(on 9th May), The Delhi High Court has called upon the Delhi Commission for Women (DCW) and the city government to furnish their responses regarding a petition filed by multiple lawyers employed by the commission to serve in the rape crisis cell. The lawyers are contesting their short-term contractual appointments and voicing discontent over what they deem as insufficient salaries. Justice Subramonium Prasad has issued a notice to the DCW and the Delhi government, directing them to submit their replies within three weeks.
The case is scheduled for further hearing on July 3.
In their petition, the lawyers have voiced fears of potential reprisals for approaching the court with their grievances. In response, the high court has indicated its expectation that their employment will not be terminated solely for seeking legal redress.
One of the main issues raised in the petition is the non-payment of salaries to these lawyers since December 2023. The court has emphasized that it is expected for the state, as a fair litigant, to release the amount due to the petitioners for the period during which they have rendered their services.
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The petitioners have highlighted that they have been appointed by the DCW to serve as counsel in the Rape Crisis Cell (RCC) and are assigned to various district courts in Delhi. However, their contractual agreement is short-lived, lasting only for two months. After this period, they are required to approach the department to renew their contracts, which creates a sense of uncertainty regarding the duration of their tenure.
The petition states-
“The continuous cycle of short-term contracts exposes the petitioners to ongoing job insecurity, resulting in considerable mental distress. It’s noteworthy that several petitioners involved in this case have been serving as RCC/DCW counsel since 2016.”
Additionally, the petitioners argue that the remuneration they receive, amounting to Rs 42,000 per month, is inadequate considering the nature of the services they provide. Furthermore, this amount is subject to deduction of tax at source (TDS), further reducing their take-home pay.
The petition further asserts-
“Despite the rigorous terms of appointment, the petitioners assert that they have not received their contractual fees from the respondents since December 2023. They contend that this failure to compensate breaches their contract and violates principles of natural justice and fair labor practices. Furthermore, they argue that it undermines the DCW’s objectives and its capacity to attract and retain skilled legal professionals.”
Responding to the petition, senior advocate Rajshekhar Rao, representing the DCW, has informed the court that the counselors working with them are being paid only Rs 25,000 per month. He has also mentioned that on April 29, the Lieutenant Governor of Delhi (LG) issued an order directing the commission to terminate all its contractual staff immediately.
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Rao further highlighted that there are no permanent posts in the DCW as envisioned under the relevant laws and rules. Despite several representations made to the government, no action has been taken to address this issue.
