RIGHTS OF RAPE VICTIM

ABSTRACT

Rape is one of the most heinous crimes but unfortunately our country is still battling with it. These are getting worse these days and India is 3rd topmost country in committing rape after U.S.A and Brazil. According to the article published by National Crime Bureau’s Annual report, in 2018 more than 94000 rape cases were filed in India. However, there has been a constant effort made in the terms of legislative policy in order to diminish this issue.

KEYWORDS

Rape, misrepresentation, coercion, victim

INTRODUCTION

Let’s cut to the chase and come to the points that. What is Rape?

If we go by the definition, it clearly states that Rape is a type of assault usually involving sexual intercourse or other forms of sexual penetration carried out against person without a person with his/ her consent.

Section 375 of the Indian Penal Code says “Sexual violence with a woman against her will, without her consent, by coercion, misrepresentation or fraud or at a time when she has been Intoxicated or duped, or not in the condition to give the consent or if she is minor (Below 18)

So here today we are going to talk about the right of a rape victim. There are mainly six rights of a rape victim.

SIX RIGHTS OF RAPE VICTIM:

1.????Free medical treatment in any private hospital

2.????Harassment free and time bound investigation

3.????No two-finger test during the medical examination

4.????Right to Zero FIR

5.????Right to compensation

6.????Trial with full dignity, speedy and protection

Free medical treatment in any Private hospital: - Section 357 of Criminal procedure code clearly says that, no government or private hospital can charge fees for the treatment of a rape victim. All hospitals whether it is private or public has to provide first aid to the victim and they cannot charge for the same. If any hospital charges or demand fees of the treatment of a rape victim, then they shall be punished under section 166B of Indian penal code for non- treatment of a Rape victim or they can be imprisoned for up to 1 year or shall be liable for both fine and imprisonment.

Harassment free and time bound investigation: - As per section154(1) Criminal procedure code CrPC, In rape cases the statement shall be recorded by a lady cop. A magistrate shall record the statement as per Section 164 (5-A). The lady police officer shall take the victim in court and the statement shall be recorded in the chamber of Magistrate. The purpose for doing the same is to check the statement noted by the police is correct or not.

If a victim is mentally disable or not in the condition of knowing the nature of the work or statement or if the victim is dumb to explain the situation, So while recording the statement an Analyzer Educator Social interpretation will be present at that moment to understand the signs.

No-Two finger test during the medical examination: - Two finger test is basically a procedure that involves the insertion of two fingers into a vagina to determine her Virginity. However, it is an unscientific method or procedure. So no specialist has the option to do two-finger test. Victim can say no to two finger test on the bases of judgement that was delivered in the case of Lilu alias Rajesh vs state of Haryana or if she has given the consent for two finger test and a male specialist is doing so he should accept the accent for doing and he has to determine the victim which type of tool he is going to use a what time what hour of assessment, which technique he will follow and he can’t do two-finger test according to section 375 of Indian penal code only main women specialists will look at these assault casualties.

Right to zero FIR

The concept of Zero FIR was introduced after the Nirbhaya Case. Committee of justice Verma has introduced this concept in their report findings. The concept of Zero FIR says that a rape victim can quash an FIR in any police station irrespective of the place of incident of jurisdiction. Suppose if a girl was raped somewhere in U.P and she didn’t tell anyone about this incident and came to Delhi so she can file an FIR in Delhi the same will be transferred to U.P police station by Delhi Police.

It was also Stated in the case of Kriti Kumari vs Government of U.P where it is clearly stated by Delhi High Court that a Rape victim can file an FIR in any police station and police has to register the same without any delay and inquiry.

??Lalita Kumari vs Government of U.P. Supreme Court has clearly stated that a person can file an FIR under Section 154, The Code of Criminal Procedure, 1973 and if any police officer denied filing FIR then he may face some consequences under Section 166A of Indian Penal Code which states that if a public servant fails to record any information under Sub-Section (1) of Section 154 of Criminal Procedure Code, 1973 then he shall be punished with rigorous imprisonment of six months which may extend to two years and shall also be liable to fine.

Right to compensation: -It is the right of a rape victim to be compensated under a new provision which was introduces as section 357A of Code of Criminal Procedure, Which states the victim compensation scheme there are some other factors to gain more compensation.

·?????Loss of educational opportunities

·?????Loss of employment

·?????If the victim is pregnant

·?????If victim gets infected by a disease (HIV, AIDs etc )

In case of death also

Trial with full dignity, speedy and protection: -Section 26 of CrPC states that the trial shall be practicable by the court presided over by a woman. Further, no question shall be asked to victim that assassinates the character of her. Section 53A of the Indian Evidence Act states any question pertaining to previous sex history is irrelevant.

Section 327(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 state that investigation shall be completed within two months from the date on which the information was recorded. The Supreme Court, in the case State of Kerela vs. Rasheed ordered the courts to complete the trial 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) of the Code of Criminal Procedure. Further, it is ordered by the court to make trial program especially for the rape cases under Section 230 of CrPC.

CONCLUSION

Rape is one of the most and most heinous crime. A lot of people suffer from in there life due to this some ends there life but some tries to face the consequences and live with dignity, courage and some people take bold action against the rapist it is important to understand not taking any step is also as wrong as taking bad step.

Through this blog, you can comprehend that our administration has made each essential stride towards assault casualties. Indeed, even after these disciplines, our nation has enjoyed these wrongdoings. It is critical to comprehend the regulations set somewhere near the public authority for casualties; However, the more significant thing is to understand that these wrongdoings can annihilate an individual’s entire life. We are moving towards a proficient society where we are relied upon to keep up with nobility, comprehend our virtues and these wrongdoings in any space of the nation are unsatisfactory as well as tell the dull fate of our country. It’s not just the obligation of our administration to keep up with peace and lawfulness in the public arena, it’s our obligation additionally to keep up with the rule of law in a general public where each young lady can reside with next to no apprehension about getting assaulted.