There are many basic legal rights that you have as a woman residing
in India. If any person harasses you, misbehaves with you, tries his bad
notions upon you or you get strange and weird messages and calls from
unknown numbers, feel free now to get in action. Get aware of the basic
legal rights for women in India and stand up for your safety.
1. Free Legal Aid
Always be accompanied with lawyer when you go to file a complaint or
FIR against any mis-happening. Because being in the world of MEN, a
woman is never taken seriously and sometimes even the FIR is not lodged.
Also, as per the Delhi High Court ruling whenever a rape is reported,
the SHO should inform this to the Delhi Legal services Authority. The
Legal body then arranges a Lawyer for the rescue.
2. Right to Privacy while recording Statements
In any case if a woman finds inconvenient to record her statement she
can always do the same in presence of only one Police officer and a
lady constable in a less crowded place so that no fourth party can
overheard. Also it is the duty of Police to keep the privacy of a woman
intact and closed. Section 164 of the Criminal Procedure Code, a woman
who is raped records her statement in front of the Magistrate when the
case in under trail and no one else is needs to be present.
3. Time doesn’t Matter
Filing a FiR by rape victim or someone who is molested has no time
boundary. As noted rape is a very severe thing that can happen with a
woman and if she reports about it later, her appeal cannot be rejected
on the duration of time as after the incident many are in shock or in
danger of their family’s reputation or else other reasons.
4. Email to the Rescue
As per the recent report by the Delhi police, if any victim cannot
comes to the Police Station she can any how email or file a written
complaint and post it to the Head Police officer who will then direct
the SHO of the area to look into the matter and also register a FIR
against the crime. Also, the Police will then go personally to the
residence of the victim and take the statement.
5. Cops Can’t Say NO
A victim can report a FIR in any police station under the Zero FIR
ruling. As per the Supreme Court, if a police station refuses to lodge
the FIR, a woman in that case can register the same in any police
station and then the Senior Officer will direct the SHO of the concerned
area to take actions.
6. No Arrest after Sunset
A woman cannot be arrested after sunset and before sunrise. All the
dealings should be done in the day time in presence of a woman
constable. Many complaints about women being mis-treated at police
station has been called, so now women should be aware and act, as per
Supreme Court ruling. If under special and urgent cases a woman has to
be arrested after sunset, the Police needs to get a special in written
warrant by the magistrate.
7. Cannot be called to the Police Station
Any woman who has faced harassment cannot be called to the Police
Station. Her statement should be recorded at her residence in presence
of a woman constable and her family. Under Section 160 of CPC, a woman
cannot be called for interrogation in Police Station. A woman should not
be physically present in the police station.
8. The Doctor can’t decide
A case of rape cannot be declined on the base of denial by a doctor. A
full report has to be given in case of a crime of rape happens. A rape
victim should be examined medically as per the Section 164 A of Criminal
Procedure Code(CrPC), and only the report acts as a proof.
9. Protect your Identity
Under no circumstances the name of the victim can be revealed.
Neither the Police nor the media can publish or leak out the name. The
identity remains intact and if the identity is disclosed it is
punishable as per the Section 228-A of the Indian Penal Code.
10. Employers must protect
It is a necessity for every Employer to create a Sexual Harassment
Complaint Cell within the organisation for the redressal of such
complaints. It is as per the guidelines of Supreme Court issued. It
should be headed by a woman and should be 50% as women. Also, a woman of
women welfare group should be present.
So at any moment, if you fee that you are harmed or harassed or you
face any difficulty in your path, never forget to launch on your rights
and get what you should. JUSTICE.
Courtesy : http://akulapraveen.blogspot.in/
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