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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