Now, a days rape case is the one of the most commonly heard terms and getting worse and worse these days. In India, raping of 8 months old girl to raping of 84 years old women don’t know how many girls are raped and they don’t even tell anyone about it for fear or by thinking the reputation of the family and sometimes rapists also blackmail the victims. Girls come under the family pressure and suppress the matter because of the fear of slander. Rapes comes under a cognizable offense and has been defined under, Section 375 of the Indian Penal Code, 1860.

But in our Indian laws have given some rights to rape victims as well. There are 6 rights given to the rape victims-

  • Right to Zero FIR.
  • Free medical treatment in any private hospital.
  • No two-finger test during the medical examination.
  • Harassment free and time- bound police investigation.
  • Trial with full dignity, speedy and protection.
  • Right to compensation.

Now, I m going to discuss these rights in detail-

RIGHT TO ZERO FIR

It was introduced on the recommendation of the Justice Verma Committee formed after the Nirbhaya gang rape case in Delhi in 2012.

Anyone who has any information about the commission of a cognizable offence can lodge a FIR. It is not necessary that he or she should be the victim or an eye-witness. The process is very simple, the informant simply has to visit a police station and give all the information in orally or writing. If information is given orally than police officer must reduce the information in writing or police can authorize his junior to do so.

The concept of Zero FIR is refers to a FIR that is registered irrespective of the area where the offence is committed. The police in such case can not claim that they have no jurisdiction so that investigation can begin.

CASE- LALITA KUMARI V. GOVERNMENT OF U.P | AIR (2014) 2 SCC 1

It was observed that it is mandatory to register a FIR under Section 154 of CrPC if the complaint is related to a cognizable offence.

It is a beneficial tool for the women of the country against rape crimes like sexual harassment and rapes. But the problem is that most of the police officer are not aware of it and they still dent registration of FIR  on ground of jurisdictional limitation. Every officer much be educated with regard to such a law and it is the responsibility of the State Government.

FREE MEDICAL TREATMENT IN ANT PRIVATE HOSPITAL

There are 2 important rights of rape victims-

  • Free medical treatment on any hospital
  • There is no two-finger test

SECTION 357 C OF THE CRIMINAL PROCEDURE CODE 

“Treatment of Victims” All hospital public or private, whether run by the Central Government, the State Government, local bodies or any other person, shall immediately, provide the first-aid or medical treatment, free of cost to the victim of offences covered under Section 326A, 376, 376A, 376AB, 376B, 376D, 376DB or Section 376E of the IPC and shall immediately inform the police of such incident.

NO TWO-FINGER TEST

It is a examination in a way to determine whether the hymen of the women is intact or not, it is based on the assumption that hymen can be rapture only when a female undergoes sexual intercourse. This method is unscientific and it against the human rights and has no bearing on determination of commission of rape.

CASE- LILLU @ RAJESH AND ANOTHER V. STATE OF HARYANA | AIR 2013

It was held that the two-finger test is unscientific and it violates the women’s right to privacy, physical and mental integrity and dignity.

NO TWO-FINGER TEST DURING MEDICAL EXAMINATION

It is also called per vaginum. No Doctor shall posses the right to do two-finger test while doing the medical examination. The work of the doctor is to check whether there is any injury in private part or not? If a male doctor is going to do medical examination, he must take the consent for doing the same and also inform what object he will going to use at the time of examination and what procedure he is going to follow.

According to the Section 164A of the CrPC, this section tells the how the report will be made and what things will be written under the report.

HARASSMENT FREE AND TIME-BOUND POLICE INVESTIGATION

According to Section 154(1) of CrPC, the statement shall be recorded by a women police officer or any other officer. The officer will come as per the time decided by you or favourable to you. The main purpose for doing the same, is the victim does not 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 privacy of the victim.

If the rape victim is 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 does not have to tell the incident again on the trial court the statement given by the victim to the magistrate shall be finalized and it will not violate the right to the privacy of the victim.

TRIAL WITH FULL DIGNITY, SPEEDY AND PROTECTION

Section 26 of CrPC states that trial shall be practicable by the court presided over by a women. Further, no question shall be asked to victim that assassinates the character of her.

  • Section 372(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, states that investigation shall be completed within two months from the date on which the information was recorded.

CASE- STATE OF KERALA V. RASHEED | AIR 2019 SC 721

The Supreme Court ordered the court to complete the trail 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) if the CrPC. Further, it was ordered by the court to make trial program especially for the rape cases under Section 230 of CrPC.

If the witness does not 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.

CASE- MAHENDRA CHAWLA V. UNION OF INDIA | AIR 2018

Supreme Court gave a detailed guidelines that if a witness does not 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.

RIGHT TO COMPENSATION

It is a new provision has been introduced as  Section 357A of the CrPC, which state the victim compensation scheme. The Supreme Court has laid this provision down for framing a scheme for compensation.

CASE- NIPUN SAXENA V. UNION OF INDIA

National Legal Service Authority made the rule for compensation scheme for women victims.

The final scheme has been introduced on 11 May 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 victims as compensation. If the court find that the amount provided is inadequate then, the court may increase the amount according the situation.

CASE- MANOHAR SINGH V. STATE OF RAJASTHAN AND OTHERS | AIR 2015

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 /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

CONCLUSION

Rape is a heinous crime. It is important to understand the laws laid down by the government for victims, but the more important things is to realize that these crimes can destroy a person’s whole life. it is not only the responsibility of our government to maintain law and order in the society it is also our responsibility to maintain law and order in the society where every girl can live without fear of getting raped.

We  must educate the every women or girl in our society about their legal rights they must aware of it. So one can make them fool specially in hospitals to take charges for treatment.

REFERENCE

About the Author: This Legal Article is prepared by Ms. Neha Ranjan Gupta, Law Student from Banasthali Vidyapith. She can be reached at gneharanjan@gmail.com

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