IMPORTANT LEGAL RIGHTS FOR WOMEN IN INDIA
1. A rape victim can file an FIR at any Police Station, irrespective of jurisdiction, under the provision of Zero FIR ruling by the Supreme Court; a policeman cannot say no.
2. Under section 51(2) of Criminal Procedure Code, when an accused is a woman, she can only be searched by another woman with strict regard to decency.
3. Under section 53(2) Criminal Procedure Code, when the person to be examined medically is female, then the examination shall be made only by or under the supervision of a female registered medical practitioner.
4. Section 160 Criminal Procedure Code says that no woman shall be required to attend any place for interrogation other than a place in which she resides. Hence, a police officer cannot require the attendance of a woman, but on the contrary, he has to go to the place where she resides for making an investigation and can interrogate in the presence of a woman constable and family members or friends.
5. Section 46(4) of the Criminal Procedure Code forbids the arrest of women after sunset and before sunrise, except in exceptional circumstances, in which case the arrest can be done by a woman police officer after making a written report and obtaining a prior permission from the concerned Judicial Magistrate of First class.
6. The Police cannot refuse to register an FIR even if a considerable period of time has elapsed since an incidence of rape or molestation.
7. Section 228 of the IPC makes the disclosure of the identity of a victim a punishable offence.Under no circumstances can the identity of a rape victim be revealed.
8. Under section 164 of the Criminal Procedure Code, when reporting an incident of rape or sexual assault, a woman can record her 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, at a location of her choice.
9. According to a Court ruling, whenever a rape is reported, the legal body should arrange for a lawyer for the victim. More often than not, survivors 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.
10. The Forensic Medical Care for Victims of Sexual Assault lays down guidelines which state that a rape survivor can approach a doctor for a medical examination even without filing an FIR. It is now mandatory for private and public hospitals to give first aid to the survivor before informing the police. The doctor has to explain the medical examination procedure to the survivor and get her written permission.
(লেখাটি স্বত্ব সংরক্ষিত, অন্যত্র কপি/নকল বারিত।তবে স্বত্ব উল্লেখপূর্বক হুবহু প্রিন্ট অথবা শেয়ার করতে বাধা নেই।)