File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

Rights of Rape Victims in India

Rape cases are getting worse and worse these days. In statistic research, we found India is the 3rd topmost country in committing rape after USA and Brazil. According to the National Crime Bureau's Annual report, in 2018 around 94000 rape cases were filed in India, which means in every 15 minutes one rape has been committed in India. The conviction rate is 27%, and 54% of cases are still unrecorded.

Don't know how many girls are raped and they don't even tell anyone about it for fear of slander. Sometimes, rapists also blackmail the victims and because of this fear, they don't tell all this to anyone. And sometimes girls come under family pressure and suppress the matter because of the fear of slander. Can you imagine where our country is moving to? From raping an 8 months old girl to raping 84 years old woman, crimes are getting worse these days. But our Indian Laws have given some rights to rape victims as well. This article clearly explains the rights of every rape victim.

Six important rights of rape victims:

  1. Right to Zero FIR

    It means that a person can file an FIR in any police station, irrespective of the place of incident of the Jurisdiction. The same FIR later shall be transferred to the police station, having jurisdiction for the investigation to begin. Suppose, if a girl got raped by someone in Haryana and she didn't tell anyone about that incident and came to Mumbai. Now if she wants to file an FIR against that rapist, she can directly go to any police station in Mumbai and can file FIR against that person. The same FIR shall be transferred by the Mumbai police to Haryana Police. This is known as Zero FIR. The concept of Zero FIR has come into force after Nirbhaya Case. Committee of Justice Verma has introduced the concept of Zero FIR in their report findings. The Ministry of Home Affairs had also introduced Advisory Circular dated 10-05-2013 of Home Affairs for Zero FIR[1].

    Rape victims have been conferred numerous rights after Nirbhaya gang rape to ensure their dignity, privacy, protection, speedy trial and compensation. The concept of Zero FIR has also been recognized by Delhi High Court in the case of Kirti Vashist vs State and Ors[2] where it is clearly stated by the High Court that a victim can file FIR in any police station. The FIR shall be registered by the police officer without any delay and inquiry.

    In yet another case of, Lalita Kumari vs Government of U.P.[3] Supreme Court has clearly stated that a person can file the FIR under Section 154, The Code of Criminal Procedure, 1973 and if any police officer denied filing FIR then he may face some consequences under Section 166A of Indian Penal Code which states that if a public servant fails to record any information under Sub-Section (1) of Section 154 of Criminal Procedure Code, 1973 then he shall be punished with rigorous imprisonment of six months which may extend to two years and shall also be liable to fine.
     
  2. Free medical treatment in any private hospital

    According to Section 357C of Code of Criminal Procedure, no private or government hospital can charge fees for the treatment of rape victims. All hospitals, either private or public, shall immediately provide first aid to the victims free of cost. If any of the hospitals demand a fee for the treatment of rape victims, then they shall be punished under Section 166B of the Indian Penal Code (non-treatment of the victim) for up to 1 year and shall be liable for a fine or both.
     
  3. No two-finger test during the medical examination

    No doctor shall possess the right to do two-finger tests while doing the medical examination. According to Section 164A of the Code of Criminal Procedure, this provision tells how the report will be made and what things will be written under the report. The Supreme Court itself supported this ruling in the case of Lillu Alias Rajesh and Another vs State of Haryana[4] and stated that Two finger test and its interpretation violates the right of rape survivors to privacy, mental integrity and dignity. Hence, it is illegal.

    The only work of the doctor is to check whether there is any injury in private parts or not? Is the rape has been committed with the victim or not? Is there any recent sexual activity that happened or not? No doctor has the right to check about the past activity of the victim. Keeping this in mind,

    Ministry of Health issued a guideline under which a medico-kit has been provided in every hospital to collect the DNA sample for forensic testing.

    And the report shall contain:
    • Name and Address
    • Age
    • Description of the material taken for the DNA testing
    • Marks of injury (if any)
    • General Mental Condition
    • Other reasonable material (if any)

    A male doctor is going to do the medical examination; he must take the consent for doing the same. Also, he must tell what objects he will use at the time of examination, what procedure he is going to follow. But, he cannot do a two-finger test, otherwise it will charge him for rape under Section 375 of Indian Penal Code[5] for inserting an object in private part. Chhattisgarh State Government has clearly stated that: only ladies doctors will examine the rape victims.
     
  4. Harassment free and time-bound police investigation

    According to Section 154 (1) CrPC, the statement shall be recorded by a woman police officer or any other officer. The officer will come as per the time decided by you or favorable to you. And they shall fix the place as per your convenience. The woman officer shall record the statement in the victim's presence's parents or guardian. A magistrate shall record the statement as per Section 164 (5-A). The lady police officer shall take the victim in court and the statement shall be recorded in the chamber of Magistrate. The purpose for doing the same is to check the statement noted by the police is correct or not.

    If a rape victim is dumb or mentally disabled to explain the situation, then Analyzer Educator Social Interpretation will be present at that moment to understand the signs.

    The main purpose for doing the same is, the victim doesn't have to tell the incident again in the trial court the statement given by the victim to the magistrate shall be finalized and it will not violate the right to privacy of the victim.
     
  5. Trial with full dignity, speedy and protection

    Section 26 of CrPC states that the trial shall be practicable by the court presided over by a woman. Further, no question shall be asked to victim that assassinates the character of her. Section 53A of the Indian Evidence Act states any question pertaining to previous sex history is irrelevant.

    Section 327(2) of CrPC defines the inquiry and trial of rape shall be conducted on camera.

    Section 327(3) of CrPC states that the statement given by the victim to the magistrate shall be confidential.

    Section 173(1A) of CrPC state that investigation shall be completed within two months from the date on which the information was recorded. The Supreme Court, in the case State of Kerela vs. Rasheed[6] ordered the courts to complete the trial within two months from the date on which information was recorded. Sufficient number of courts have been made exclusively for the rape cases under Section 309(1) of the Code of Criminal Procedure. Further, it is ordered by the court to make trial program especially for the rape cases under Section 230 of CrPC[7].

    Protection shall be given by the court so that no one can threaten the victim and the witness. Also it is the responsibility of the police to pick up the victim from her home and drop her to home after the trial. Special waiting rooms are made in the court where the victim and the witness will wait so that no confrontation will be happen with the rapist.

    Supreme Court in the case of Mahender Chawla vs Union of India[8] gave a detailed guideline that if a witness doesn't want to reveal his/her name or identity in the court, then he/she shall give an application to the court, the court will introduce the person with another name and the original identity will be kept confidential.
     
  6. Right to compensation

    A new provision has been introduced as Section 357A of Code of Criminal Procedure, which states the victim compensation scheme. The Supreme Court has laid this provision down for framing a scheme for compensation with Nipun Saxena vs Union of India[9]. Keeping this in mind, National Legal Services Authority made the rules for compensation scheme for women victims.

    The final scheme has been introduced on 11-05-2018 in the Supreme Court and the scheme is accepted by the Supreme Court and ordered all the states and union territories to apply the scheme. According to this scheme, a minimum of 4 Lakh Rupees and a Maximum of up to 7 Lakh Rupees shall be provided to the victim as compensation. If, the court finds that the amount provided as compensation to the victim is inadequate then, the court may increase the amount according to the situation.

    It is stated by the Calcutta High Court in the case of Serina Mondal Alias Piyada vs. The State of West Bengal and Ors[10] compensation provided under Section 357A is provided to protect the fundamental right of a person. Also, in the case of Manohar Singh vs State of Rajasthan and Ors[11] Supreme Court said that compensation can be given even if crime goes unpunished for want of adequate evidence.

Factors that must be included in the application to gain more compensation:

  • Mental Harm/ Physical Harm
  • Loss of educational opportunity
  • Loss of employment
  • If the victim is pregnant
  • If victim gets infected by a disease (HIV etc)
  • Financial condition of victim
  • Disability of victim
In Case of death

Conclusion
Rape is a heinous crime. Many people will suffer because of these crimes for their entire life and some people are afraid of getting slander. But, if you think in the right way, taking action is better than stepping back because of society's influence. No one matters more than your life. Be there for yourself even when no one stands with you. Through this article, you can understand that our government has taken every necessary step towards rape victims. Even after these punishments, our country is indulged in these crimes.

It is important to understand the laws laid down by the government for victims, but the more important thing is to realize that these crimes can destroy a person's whole life. We are moving towards a literate society where we are expected to maintain dignity, understand our moral values and these crimes in any area of the country are not only unacceptable but also tell the dark future of our country. It's not only the responsibility of our government to maintain law and order in society, it's our responsibility also to maintain law and order in a society where every girl can live without any fear of getting raped.

End-Notes:
  1. https://www.mha.gov.in/sites/default/files/AdvisoryCompulsoryRegistrationFIRs_141015_3.pdf
  2. 29-11-2017
  3. 2014 (2) SCC 1
  4. 2013 (14)SCC 643
  5. https://indiankanoon.org/doc/623254/
  6. AIR 2019 SC 721
  7. https://indiankanoon.org/doc/479826/
  8. 5-12-2018
  9. WP (C) NO 565/2012
  10. 2018 SCC online Cal 4238
  11. 2015(3) SCC 449

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers



Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


LawArticles

Section 482 CrPc - Quashing Of FIR: Guid...

Titile

The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of th...

How To File For Mutual Divorce In Delhi

Titile

How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Whether Caveat Application is legally pe...

Titile

Whether in a criminal proceeding a Caveat Application is legally permissible to be filed as pro...

The Factories Act,1948

Titile

There has been rise of large scale factory/ industry in India in the later half of nineteenth ce...

Constitution of India-Freedom of speech ...

Titile

Explain The Right To Freedom of Speech and Expression Under The Article 19 With The Help of Dec...

Copyright: An important element of Intel...

Titile

The Intellectual Property Rights (IPR) has its own economic value when it puts into any market ...

Lawyers Registration
Lawyers Membership - Get Clients Online


File caveat In Supreme Court Instantly