New Delhi: Wake up women! If you are a rape survivor or a victim of molestation or any such case, then you must know all these rights which you have been legally provided by the Indian law body so that you do not have to beg for seeking justice.
Fight for justice with these rights with pride:
1. Legal aid for free: In case, you wan to register your FIR, always accompany your lawyer for that with you to the police station.
Often, women go to the police station unaccompanied by a lawyer to get their statement recorded, and they stand the risk of being misquoted or their statement being tampered with. The police may also treat the entire episode lightly and not lodge an FIR. So, it is necessary to have a lawyer with you while you lodge the FIR.
2. Record statement privately: Section 164 code Criminal Procedure Court, a woman who has been raped can record her statement before the district magistrate when the case is under trial.
She can also record her statement in a convenient place where one police officer and a woman constable must be present and where she is sure that no fourth person can hear her statement.
3. Time does not matter: Rape is a heinous crime which naturally drags woman to shock. Therefore, Supreme Court has not made it compulsory for rape survivors to report FIR of rape immediately. And police cannot question or refuse your FIR for rap even if there had been a time lag in between.
4. Take help of email or post: A woman has been provided this relaxation of reporting rape via email or post. Mail must be addressed to the senior police official. After that, the concerned police authority will be directed to verify the case.
Police might go to victim’s residence to record her statement. Therefore, it is no necessary for the victim to go to police station for filing her report.
5. Police cannot refuse to file FIR: Many women would not be aware of this right. But under Zero FIR ruling, w survivor can file her FIR in any police station.
Usually, cops misguide complainant by saying that this incident is not covered in their area. This is to avoid taking the responsibility of the crime.
But a woman an file her FRI in any police station and then the senior officer will then direct the SHO of the concerned police station to lodge the FIR.
6. No arrest after daytime: Supreme Court has formulated guideline for the police that they cannot arrest any woman accused after sunset and before sunrise even if they are accompanying a woman constable with them.
Many cases of molestation wee hours have occurred due to lack of awareness of this right. If the woman is a serious criminal then police has to get it in writing from the magistrate that why is it necessary for them to arrest her at night.
7. Women need not be called at police station: Under section 150 of the Criminal Procedure Code, it is not at all necessary for a woman to b present in police station for interrogation.
Police have no right to call her to police station for interrogation. Interrogation can be done at her residence in presence of a woman constable and her friends and relatives too.
8. Identity can’t be revealed: Under section 228 A of the Indian Penal Code, revealing rape victim’s identity or name in public by media or any other source is a punishable offense.
Identity of the victim id kept secure till the case is under trial, she can only be referred to as a ‘survivor’. This has been done to prevent Social victimisation with her.
9. Medical report is the proof, not the medical examiner: It is very necessary for a woman to know that it is not the doctor who can decide whether rape has happened to survivor or not.
A medical examination of the victim will be done and the report will act as a proof that whether rape happened or not.
10. Employers must act as protectors: It is the duty of every employer to create a Sexual Harassment Complaints Committee within the organization for redressal of such complaints.
According to a guideline issued by the Supreme Court, it is mandatory for all firms, public and private, to set up these committees to resolve matters of sexual harassment. It is also necessary that the committee be headed by a woman and comprises 50% women as members. Also, one of the members should be from a women’s welfare group.