Ten Women's Rights - Women must know these rights
legal rights for women that every one must be aware of.
1 Free legal aid
Exercise your right to free legal aid. Often, women 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. The police may also treat the entire episode lightly and
not lodge an FIR. So, it is necessary to have a lawyer with you while you lodge the FIR.
“According to a Delhi High Court ruling, whenever a rape is reported, the SHO has to bring
this to the notice of the Delhi Legal Services Authority. The legal body then arranges for a
lawyer for the victim,”.
2 Right to privacy while recording statement
Under section 164 of the Criminal Procedure Code, a woman who has been raped 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 cops have to, by law,
upkeep 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.
Under section 164 of the Criminal Procedure Code, a woman who has been raped 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 cops have to, by law,
upkeep 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.
3 Time doesn't matter
The police cannot refuse to register an FIR even if a considerable period of time has elapsed
since the incident of rape or molestation 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,".
The police cannot refuse to register an FIR even if a considerable period of time has elapsed
since the incident of rape or molestation 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,".
4 Email to the rescue
According to the guidelines issued by the Delhi Police, a woman has the privilege of lodging
a complaint via email or registered post. If, for some reason, a woman can't go to the police
station, she can send a written complaint through an email or registered post addressed to a
senior police officer of the level of Deputy Commissioner or Commissioner of Police. The
officer then directs the SHO of the police station, of the area where the incident occurred, to
conduct proper verification of the complainant and lodge an FIR. The police can then come
over to the residence of the victim to take her statement.
According to the guidelines issued by the Delhi Police, a woman has the privilege of lodging
a complaint via email or registered post. If, for some reason, a woman can't go to the police
station, she can send a written complaint through an email or registered post addressed to a
senior police officer of the level of Deputy Commissioner or Commissioner of Police. The
officer then directs the SHO of the police station, of the area where the incident occurred, to
conduct proper verification of the complainant and lodge an FIR. The police can then come
over to the residence of the victim to take her statement.
5 Cops can't say no
A rape 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 concerned police station to lodge the FIR,". 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".
A rape 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 concerned police station to lodge the FIR,". 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".
6 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 at 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."
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 at 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."
7 You can't 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,". 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.
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,". 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.
8 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
offense has been committed is punishable. This is done to prevent social victimisation or
ostracism of the victim of a sexual offense. 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 judgment.
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
offense has been committed is punishable. This is done to prevent social victimisation or
ostracism of the victim of a sexual offense. 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 judgment.
9 The doctor can't 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 crime and 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,".
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 crime and 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,".
10 Employers must protect
It is the duty of every employer to create an Internal Complaints Committee within the
organisation for redressal of complaints of women of sexual harassment. According to a
guideline issued by the Supreme Court in the case of Vishakha Vs- State of Rajasthan in 1997
and “Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013,
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 Senior woman and
comprise 50% women as members. Also, one of the members should be from a an NGO or
women's welfare group which deals with such matters.
It is the duty of every employer to create an Internal Complaints Committee within the
organisation for redressal of complaints of women of sexual harassment. According to a
guideline issued by the Supreme Court in the case of Vishakha Vs- State of Rajasthan in 1997
and “Sexual Harassment of Women at Workplace (Prevention, Prohibition & Redressal) Act 2013,
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 Senior woman and
comprise 50% women as members. Also, one of the members should be from a an NGO or
women's welfare group which deals with such matters.
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