Given
below is an email sent by one of our members from qualified legal experts -
Saumya Bhaumik (Women Rights Lawyer) & Tariq Abeed (Advocate, Supreme
Court)
"Lets be safe by knowing your rights... as
women, we are entitled to some rights by law that protect
us, specially when we have been violated. Here are some that we
should be aware of:
· Right to
privacy while recording a statement: Under
section 164 of the Criminal Procedure Code, a woman can record her statement
before the district magistrate when the case is under trial, and no one else
needs to be present. Alternatively, she can record the statement with only one
police officer and woman constable in a convenient place that is not crowded
and does not provide any possibility of the statement being overheard by a
fourth person. The police have to, by law, protect the woman’s right to
privacy. It’s important for the person to feel comfortable and not be under any
kind of stress while narrating the incident.
·
Time does
not matter: The
police cannot refuse to register an FIR even if a considerable period of time
has elapsed since the incident took place. If the police tells you that they
can’t lodge your FIR since you didn't report it earlier, do not
concede. “Rape is a horrifying incident for any woman, so it’s natural for her
to go into shock and not want to report it immediately. She may also fear for
her safety and the reputation and dignity of her family. For this reason, the
Supreme Court has ruled that the police must register an FIR even if there has
been a gap between the report and the occurrence of the incident,” says Tariq
Abeed, advocate, Supreme Court.
·
Police
cannot refuse: A
victim can register her police complaint from any police station under the Zero
FIR ruling by Supreme Court. “Sometimes, the police station under which the
incident occurs refuses to register the victim’s complaint in order to keep
clear of responsibility, and tries sending the victim to another police
station. In such cases, she has the right to lodge an FIR at any police station
in the city under the Zero FIR ruling. The senior officer will then direct the
SHO of the police station concerned to lodge the FIR,” says Abeed. This is a Supreme
Court ruling that not many women are aware of, so don’t let the SHO of a police
station send you away saying it “doesn't come under his area”.
·
No
arrests after sunset: According
to a Supreme Court ruling, a woman cannot be arrested after sunset and before
sunrise. There are many cases of women being harassed by the police in the wee
hours, but all this can be avoided if you exercise the right of being present
in the police station only during daytime. “Even if there is a woman constable
accompanying the officers, the police can’t arrest a woman at night. In case
the woman has committed a serious crime, the police has to get it in writing
from the magistrate explaining why the arrest is necessary during the night,”
says Bhaumik.
·
Women
cannot be called to the Police Station: Women
cannot be called to the police station for interrogation under Section 160 of
the Criminal Procedure Code. This law provides Indian women the right of not
being physically present at the police station for interrogation. “The police
can interrogate a woman at her residence in the presence of a woman constable
and family members or friends,” says Abeed. So the next time you’re called to
the police station for queries or interrogation when you have faced any kind of
harassment, quote this guideline of the Supreme Court to exercise your right
and remind the cops about it.
·
The
doctor cannot decide: A
case of rape can’t be dismissed even if the doctor says rape had not taken
place. A victim of rape needs to be medically examined as per Section 164 A of
the Criminal Procedure Code, and only the report can act as proof. “A woman has
the right to have a copy of the medical report from the doctor. Rape is a
crime, not a medical condition. It is a legal term and not a diagnosis to be
made by the medical officer treating the victim. The only statement that can be
made by the medical officer is that there is evidence of recent sexual
activity. Whether the rape has occurred or not is a legal conclusion and the
doctor can’t decide on this,” explains Bhaumik.
·
Protect
your identity: Under
no circumstances can the identity of a rape victim be revealed. Neither the
police nor media can make known the name of the victim in public. Section 228-A
of the Indian Penal Code makes the disclosure of a victim’s identity a
punishable offense. Printing or publishing the name or any matter which may
make known the identity of a woman against whom an offence has been committed
is punishable. This is done to prevent social victimization or
ostracism of the victim of a sexual offence. Even while a judgment is in
progress at the high court or a lower court, the name of the victim is not
indicated, she is only described as ‘victim’ in the judgement.
·
Employers
must protect: It
is the duty of every employer to create a Sexual Harassment Complaints
Committee within the organisation 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 includes
50 per cent women as members. Also, one of the members should be from a women’s
welfare group.
