Being a Woman. Know your rights first.

As a woman, you are entitled to some rights by law that protect you when you have been violated. Here are some that you should be aware of.

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 police have to, by law, protect 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.

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 an 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,” says Tariq Abeed, advocate, Supreme Court.

POLICE 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 police station concerned to lodge the FIR,” says Abeed. 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”.

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 in the 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,” says Bhaumik.

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,” says Abeed. 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.

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 a crime, 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,” explains Bhaumik.

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 offence has been committed is punishable. This is done to prevent social victimization or ostracism of the victim of a sexual offence. 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 judgement.

EMPLOYERS MUST PROTECT

It is the duty of every employer to create a Sexual Harassment Complaints Committee within the organisation for addressable of such complaints. According to a guideline issued by the Supreme Court, 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 woman and include 50 per cent women as members. Also, one of the members should be from a women’s welfare group.

Sources: Saumya Bhaumik (women’s right lawyer), Tariq Abeed (advocate, Supreme court)

An Excerpt

“Everything is more complicated than you think. You only see a tenth of what is true. There are a million little strings attached to every choice you make; you can destroy your life every time you choose. But maybe you won’t know for twenty years. And you’ll never ever trace it to its source. And you only get one chance to play it out. Just try and figure out your own divorce. And they say there is no fate, but there is; it’s what you create. Even though the world goes on for eons and eons, you are here for a fraction of a fraction of a second. Most of your time is spent being dead or not yet born. But while alive, you wait in vain, wasting years, for a phone call or a letter or a look from someone or something to make it all right. And it never comes or it seems to but doesn’t really. And so you spend your time in vague regret or vague hope for something good to come along. Something to make you feel connected, to make you feel whole, to make you feel loved“.

– Charlie Kaufman, Synecdoche, New York: The Shooting Script

2013

Finally the 2012 calendar is replaced. It’s the New Year with new list of resolutions with new ideas and new thoughts and new blockbusters. But I do not see any new beginning. If you ask me, 2013 is the sarcasm, on 2012. With all the chaos of we-are-gonna-die, I am thankful to be alive, I won’t deny. But I am still not happy or relaxed with what all happened in the last few days. Tonight, I did not go to a party, was not drunk, just had my dinner and watched a few episodes when memories flooded me in. Almost all of them, good and bad, friends and family, functions, every moment I could recall. Thank God! I live in the electronic generation, where all my memories are just a click away. With the New Year, I see how easily tonight firecrackers replaced the candle marches, tomorrow black dots will be replaced by the fancy New Year display pictures, and so on, priorities will be set. The problem with us is – we are brought up with this “chalta hai” attitude. Bribing – chalta hai; Drinking and driving – chalta hai; see someone in pain or need – chod na, chalta hai. The humanity is dead and ye chalta NAHI hai! I wish to see a new India, a new Revolution which I want to be a part of, for that we all need to make this country, this nation a better and a safe place to live in and that day, my friends, would be a New Beginning for us.