Friday, November 21, 2014

Women's Right That Every Women Has

Right To Free Legal Aid:
When a women goes to police to get her statement recorded,without a lawyer she can be misquoted.
According to Delhi High Court ruling Whenever a rape case is reported the SHO has to inform the legal Services Authority. The legal body then arranges for a lawyer for the victim,”
The presence of Lawyer would ensure that the police takes the case seriously and there is no misinterpretation of information.
Right to Privacy while recording statements:
Under sec 164 IPC a rape victim can record her statement in the presence of a district magistrate and no one else needs to be present there at that time.
Or A statement may be recorded in presence of only one police officer and a woman constable in a place that is not very crowded or no third person is present who may overhear the statement.

Time does not Matter
The police cannot refuse to record the statement because certain amount of time has elapsed.A rape victim can file the complaint after a gap of time.

An Email to Resque:
As per Delhi Police A women has the right to lodge an FIR via email.
The email must me sent to Deputy Commissioner or Commissioner of Police who would then direct the SHO of the area accordingly.

The Police cannot say No:
Supreme Court's zero FIR ruling  . "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 a case a rape victim can lodge an FIR from any police station.

No arrest after Sunset:
 According to the Supreme Court Ruling No women can be arrested after sunset and before sunrise.
Only if a migistrate gives in writing then such an arrest can be made.

A women cannot Be called to Police Station:
Under sec 160 criminal procedure code.A women cannot be forced to come to police station for interrogation. aw provides Indian women the right of not being physically present at the police station for interrogation. However police can interrogate a woman at her residence in the presence of a woman constable and family members or friends

Protecting identity:
The identity of a rape victim cannot be revealed. Under sec 228-A IPC makes disclosure of a rape's victims identity a punishable offence.

Doctor Statement cannot be used to dismiss rape complaint:
If a doctor's statement negates the happening of rape the case cannot be dismissed.
A medical examination has to be performed to decide if rape happened under sec 164 A of Criminal Procedure Code.

Employers Role:
The employer must protect the harassment victim and take the complaint seriously.
It should create Sexual Harassment Complaints Committee within the organisation for redressal of such complaints

Information source

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