Rape cases are getting worse and worse these days. In statistic research, we found India is the 3rd topmost country in committing rape after USA and Brazil. According to the National Crime Bureau’s Annual report, in 2018 around 94000 rape cases were filed in India, which means in every 15 minutes one rape has been committed in India. The conviction rate is 27%, and 54% of cases are still unrecorded.
Rights of rape victim:-
provide first aid to the victims free of cost. If any of the hospitals demand a fee for the treatment of rape victims, then they shall be punished under Section 166B of the Indian Penal Code (non-treatment of the victim) for up to 1 year and shall be liable for a fine or both.
No two-finger test during the medical examination
No doctor shall possess the right to do two-finger tests while doing the medical examination. According to Section 164A of the Code of Criminal Procedure, this provision tells how the report will be made and what things will be written under the report. The Supreme Court itself supported this ruling in the case of Lillu Alias Rajesh and Another vs State of Haryana and stated that Two finger test and its interpretation violates the right of rape survivors to privacy, mental integrity and dignity. Hence, it is illegal.
Harassment free and time-bound police investigation
According to Section 154 (1) CrPC, the statement shall be recorded by a woman police officer or any other officer. The officer will come as per the time decided by you or favorable to you. And they shall fix the place as per your convenience. The woman officer shall record the statement in the victim’s presence’s parents or guardian. 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.Right to compensation
A new provision has been introduced as Section 357A of Code of Criminal Procedure, which states the victim compensation scheme. The Supreme Court has laid this provision down for framing a scheme for compensation with Nipun Saxena vs Union of India. Keeping this in mind, National Legal Services Authority made the rules for compensation scheme for women victims.
The final scheme has been introduced on 11-05-2018 in the Supreme Court and the scheme is accepted by the Supreme Court and ordered all the states and union territories to apply the scheme. According to this scheme, a minimum of 4 Lakh Rupees and a Maximum of up to 7 Lakh Rupees shall be provided to the victim as compensation. If, the court finds that the amount provided as compensation to the victim is inadequate then, the court may increase the amount according to the situation.
Factors that must be included in the application to gain more compensation:
Mental Harm/ Physical Harm
Loss of educational opportunity
Loss of employment
If the victim is pregnant
If victim gets infected by a disease (HIV etc)
Financial condition of victim
Disability of victim
In Case of death
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.