Aniket Bhargava and Shruti Dutt from Aureus Law Partners
The National Crime Record Bureau’s ‘Crime in India 2019’ reveals a horrifying statistic of crime against women. NCRB report tells us that every 16 minutes a woman is raped somewhere in our country. In 2019, every day 88 rape cases were reported. Total of 4,05,861 cases of crime against women were registered in 2019, which was a 7.3% increase from 2018. These shocking numbers are being reported from a country which claims to worship women and consider women to be equivalent in stature to a goddess. But the truth is that women of all ages are being discriminated against, subject to eve-teasing, stalking, sexual harassment, domestic violence and rape amongst other horrendous crimes. In such a scenario, access to justice must be secured and made fully available for women of all ages and backgrounds in order to restore a sense of confidence in the criminal justice system.
When a woman approaches a police station to file a complaint, it oftentimes happens that she is either quoted wrongly, her grievance ignored or she is harassed and humiliated for her statements. Such instances create a sense of dismay and fear in the mind of a woman and deter her from approaching the police to lodge a complaint.
There is a strong need to ensure that proper care and assistance is provided while dealing with the complaint of women in a police station. For this purpose, there are certain special provisions in place for filing of a police complaint by a woman to ensure that she is not harassed or ignored by the police while dealing with her for purpose of registration of complaint and proceeding for further investigation.
Here are 7 Women Rights that you should know about when you approach a police station.
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Right to Register a Zero First Information Report “FIR” and Mandatory Registration of FIR in Certain Offences.
The Criminal Law (Amendment) Act, 2013 enabled registration of a Zero FIR i.e. registration of an FIR at any Police Station irrespective of place of crime and area of jurisdiction. However, after such registration, the investigation will be transferred to the Police Station of the place of occurrence. The sanctity of legal process remains the same in Zero FIR. This is very helpful for women, as it removes the inconvenience of searching for the right Police Station for lodging the FIR.
The police cannot refuse to register an FIR in certain sexual offences related to women such as rape, molestation, sexual harassment, eve-teasing etc. The police officer is bound to register an FIR in such cases or he is liable to be punished in accordance with Section 166A of Indian Penal Code “IPC”.
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Right to Free Legal Aid and assistance.
National Legal Service Authority and State Legal Service Authorities ensure that if a woman requires so, she is provided with free legal aid and assistance. Women are entitled to free legal aid irrespective of the income or financial status. The same is provided for by virtue of Section 12(c) of Legal Service Authorities Act, 1987.
Also, if women require any assistance while making a complaint, the State Commission for Women or even Nation Commission for Women can be approached through their complaint channels. Commission for Women makes sure that women are not harassed during the registration of complaint in Police Station in any way and also ensures justice to the woman complainant by ensuring that proper investigation procedure is followed.
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Right to file virtual complaints
In case a woman is not able to go to the Police Station due to any reason, she can approach the Senior Police Officer or Superintendent of Police through a letter or an email. Some states have also introduced online complaint channel for the same. Thus, a woman is no longer required to go to the Police Station, rather the Police will come to her residence for purpose of registration of complaint or any other such purpose.
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Right against disclosure of the identity of victim.
Section – 228A of IPC, punishes the act of disclosure of the identity of a woman who is victim of offence under Section 376 of IPC i.e. Rape. The same is punishable, except where it is required for the purpose of investigation or is given by consent of the victim or by her legal guardian in case she is of unsound mind or not in position to give consent for the same.
Such a provision has been brought in place in order to prevent social victimization or ostracism of the woman who is the victim of a sexual offence.
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Right to Privacy while giving statement
Women who are victims of any sexual offence such as rape, molestation, sexual harassment etc. are entitled to the right to record her statement in private, in front of the Magistrate without being overheard by anyone else. They are also free to record their statement before a lady constable or a police officer in personal. Section 164 of the Criminal Procedure Code, 1973 “CrPC”, ensures privacy to such victim such that she can express herself without any fear and hindrance.
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Right to get a copy of FIR and Medical Report
Upon registration of an FIR, the victim of the offence should be served with a copy of FIR free of cost by the Police Station. Further, in cases where the offence is a sexual offence, a copy of the medical report is also served to the victim.
In case of sexual offences, the copy of the FIR cannot be refused on the ground that the doctor gives an opinion that an offence has been committed. A victim of rape is medically examined as per Section 164A of CrPC and only the medical report can serve as admissible evidence in such a case, not the opinion of the doctor.
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Right to not being interrogated in the police station
Under Section 160 of CrPC, the police possess the power to require attendance of the woman who is the victim and she cannot be called for interrogation to the police station. She can be questioned at her home in the presence of a woman constable and her family or friends.
Thus, the Legislature has ensured through various provisions, amendments to existing laws, guidelines of various concerned authorities and various Commissions established for the said purpose. This is done so that women do not face any trouble or harassment while going to make a police complaint or approaching police authorities for the purpose of putting forward their grievances.
Disclaimer: This is not a substitute for legal advice. Readers are encouraged to obtain appropriate legal advice before acting in pursuance of this article. Views are personal.
