Abstract
One of the most horrible problems that our country is still dealing with is rape. The legislative policies have continuously worked hard when it comes to punishing the criminals, enacted harsh punishments, and what not but barely makes any sincere attempts for the victims of such horrific crimes who have been cruelly impacted. Due to lack of knowledge and fear of being judged many cases don't even reach the courts. In India, rape laws were very weak before but over time many amendments have been made, we can see a change starting from the Mathura custodial rape case, and the last amendment was made in 2018 during the Kathua rape case. The Central Victim Compensation fund was established in the wake of the Nirbhaya Case to provide financial compensation to the victim but that’s not the only thing that’s necessary, we live in a society where victims of rape are marginalized and oppressed by society. It’s necessary to make people aware of these rights so that the victim would not be the one living like a criminal.
This article is written by Harshika Gaur from the School Of Law, HILSR, Jamia Hamdard. The important rights of a rape victim are thoroughly explained in this article.
Introduction
The legal status of women in India was based on the socio-cultural norms which are often discriminatory, for instance, if a rape victim files a case then she has to prove that it happened by providing vivid testimony and several pieces of evidence. In Indian society, a woman has to go through a lot of things. For example, it is very common for people to ask what she was wearing or that she was over-friendly with the attacker(s), ultimately blaming the woman for what happened to her. These types of laws are unfair and due to this many victims stay silent as they know they will be held responsible for the things they had no control over, but such traumatic experiences linger in the person's memory for a long time and destroy their sanity and what not.
The Indian government has finally recognized these injustices and enacted new legislation in an attempt to tackle this situation. After the Mathura custodial rape case, there is a greater shift in the rape laws. Now the burden of proof has shifted from the accuser to the accused and the sexual history of women can not be brought up in court while the trial is going on because it will ultimately lead to an assessment of the women's character.
The NCRB( national crime records bureau) data showed that the number of cases reported decreased in 2020, nearly 77 rape cases were reported across India on an average day, making a total of 28,046 cases in the year. However, the main reason for the drop was the lockdown.
Rights of the rape victim
Now we'll discuss the rights of a rape victim. There are 7 rights that a rape victim has-
Right to Zero FIR
Whenever a complainant approaches any police officer-in-charge of any police station for any cognizable offence, the officer in charge should take the complaint in writing, get it signed and then register it. No matter whether the area comes under their jurisdiction or not.
Once the complaint is registered, it is registered as a "Zero FIR" because the complaint doesn't fall under their jurisdiction, it is then transferred to the police station under which the offences took
place.
For instance, if a woman has been raped in a particular area let's say Delhi, and then she's kidnapped by the attackers and to brought to Mumbai but she manages to escape from there then she has a right to approach any police station which might be near, the rape case will then be transferred to the police station of that area where the offence took place
The concept of zero FIR came into existence on the recommendation of justice Verma after the Nirbhaya case, the main reason for bringing this was to avoid the delay in the registration of the complaint into an FIR.
In case the complaint is not registered by the officer due to any reason then an FIR can be registered against the officer itself under section 166A of the Indian Penal Code.
Right to record the statement in private
If a person feels that she might be humiliated or if she is not comfortable enough to give her statement in public then she has a right to provide her statement in private.
Section 154 of the Code of Criminal Procedure, the statement of the victim should be recorded by a female police officer, to check if the information that has been recorded by the officer is correct or not, the statement shall be recorded in the chamber of a magistrate.
Under section 164 of the Code of Criminal Procedure, any judicial magistrate or metropolitan magistrate has the power to take the statement of any victim of sexual assault or any cognizable offence
The statement should be recorded only when the guardian or parents of the victim are present there.
Right to privacy
The identity of the rape victim can not be revealed by the police or the media as it is a punishable offence.
For a person who is a victim under any subsection of section 376, the identity of that victim can't be disclosed or published, in case such disclosure is made unknowingly or intentionally then the person who disclosed the identity can face up to 2 years in prison.
Free medical treatment in any hospital
Under section 357c of the Code of Criminal Procedure, any victim of rape shall be provided free aid by hospitals, no matter whether it is government or private, the treatment should be free of cost.
If they demand fees from a rape victim then they will be punished under section 166B of the India Penal Code for up to 1 year in jail or fine or both.
No two-finger test during the medical examination
No doctor has a right to do a two-finger test during the medical examination as the main purpose of the medical examination is to check the injuries that are caused to the victim and not if they were sexually active in the past or not. If a doctor is found that he has performed such a test on the victim during the medical examination then he'll be charged with rape under section 357 of the India Penal Code, for inserting objects in the private part of the victim. This test violates the right to privacy, dignity, and mental integrity of the victim that's why this is illegal.
The medical test should only contain the name, address, material taken for DNA, any tests performed, injury marks, and the mental state of the patient. Chhattisgarh government has said that only female doctors will examine rape victims.
Speedy trial with full dignity and protection
No questions shall be asked to the victim about her sexual history as it will lead to judging the character of the woman, this has been given in section 53A of the Indian Evidence Act.
Section 327(2) of the Code of Criminal Procedure states that interrogation of any offence under 376, 376A, 376B, 376C, 376D shall be recorded on camera
The investigation should be completed within 2 months from when the complaint was recorded, this is stated under section 173(1A) of the Code of Criminal Procedure.
Police protection should be provided so that no one can harm or threaten the victim and the police must pick up the victim from her home or wherever she's staying and drop her off. Moreover, the victim will be staying in the waiting room of the court before the trial so that no one can confront her.
Right to compensation
According to section 357A, compensation will be provided to the victim, this scheme states that a minimum of 4 lakh and a maximum of 7 lakh should be given to rape victims as compensation.
The factors that are kept in mind while providing the compensation are-
Any mental or physical harm that has been caused to the victim
Any opportunity that has been lost due to the crime that has happened to her. If she lost her job during that period or if any harm has been caused to her education.
If the victim gets pregnant or gets infected with HIV, etc.
The financial condition of the victim
Conclusion
The laws and rights of the rape victim were weak but now things are getting better. The crime of rape is horrible. Some people are afraid of being defamed, and many of the victims of these crimes will endure suffering for the rest of their lives. But if you go about it right, acting instead of fleeing under societal pressure is preferable.
Understanding the laws that the government has established for victims is vital, but what's more important to know is that the victim of crime, particularly sexual crime remains ignored at every stage in India, be it a trial, inquiry, or most importantly rehabilitation. Such crimes ruin a person’s life, affecting their mental health, and living in an Indian society becomes almost impossible. Rape victims are more prone to attempt or actually commit suicide.
In a society that values literacy, we are expected to uphold our moral principles and maintain our dignity. Crimes in any part of the country are not only unacceptable, but they also portend a bleak future for our nation. It is not only the responsibility of the government to maintain peace and order in a society where every woman can live freely and where they don’t have to worry about being raped; we too have a responsibility to create a harmless society.
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