Written By Himanshu Yadav,
January 2025
INTRODUCTION
Rape is such a heinous crime that shook not just the legal system but also the morality. This paper highlights the crucial significance of legal safeguards for those who have experienced rape, emphasizing their role in enabling justice, delivering necessary medical and psychological support, and protecting the dignity and privacy of the victims. An expeditious and efficient legal reaction is crucial in attending to the urgent needs of rape victims and commencing the criminal justice procedure. It is vital to prioritize the immediate delivery of medical care to victims, irrespective of financial limitations, since it is vital for their physical and psychological recuperation. By prohibiting aggressive and degrading medical practices, we protect the dignity and physical well-being of survivors, preventing further harm. The existence of legal mechanisms guaranteeing compensation, even in cases where there are no convictions, reflects a dedication to the well-being of victims and recognition of the government’s duty to safeguard its inhabitants. These legislative safeguards are not just administrative niceties but are essential for the comprehensive assistance and healing of rape victims. They embody a society’s dedication to fairness, compassion, and fundamental freedoms, cultivating a culture that resolutely opposes sexual abuse and provides assistance to survivors as they navigate their path to recovery and self-empowerment. Continuously improving and enforcing these legal safeguards are essential for fostering a fair and empathetic society that values the welfare and respect of individuals who have experienced rape. Legal systems all across the world have recognised its horrifying nature and created essential rights and protections for survivors. These steps are meant to ensure aid, justice, and dignity throughout the judicial procedure. Unfortunately, a lot of people are still unaware of these rights, which keeps many victims from being aware of their legal choices. Unfortunately, widespread ignorance of these rights persists, leaving many victims unaware of the legal recourse available to them.
THE LEGAL RIGHTS OF A RAPE VICTIM:
- RIGHT TO ZERO FIR:
Zero FIR, often referred to as ‘Zero First Information Report’. FIR is the founding base for registering every crime and from the beginning to the end of the case, FIR plays a very crucial role. It is a provision to deal with urgent situations where the crime’s jurisdiction is disputed or it occurs outside of the control of the police station where the complaint is submitted. Regardless of whether the offence was committed within the jurisdiction of that specific police station, a “ZEROFIR” can be filed there. BNSS 2023 has now given a statutory mandate for zero FIR under Section 173 (1).[1]
The idea of a zero FIR was established based by the recommendations of the Justice Verma Committee[2] following the Nirbhaya gang rape incident. The police officer-in-charge registers the FIR under section 173(1) of BNS 2023 for a cognizable offence.
- RIGHT TO FREE MEDICAL TREATMENT:
The government has taken steps to guarantee that rape victims get support and timely medical care. All government hospitals and healthcare facilities must offer free medical care to rape survivors, according to guidelines released by the ‘Ministry of Health and Family Welfare’. Both urgent and ongoing medical care, as well as counselling and other forms of psychological assistance, are included in this.
Section 200 of BNS[3] states that any hospital whether public or private which is run by the central government, state government or local bodies if violates section 397 of BNSS, 2023 will be punished. Section 397 of BNSS mandates the hospital to provide free of cost and immediate first aid to such victims covered under section 64[4], section 65[5], section 66[6], section 67[7], section 68[8], section 70[9], section 71[10] or sub-section (1) of section 124 of the Bharatiya Nyaya Sanhita, 2023 or under sections 4[11], 6,[12] 8[13] or section 10[14] of the Protection of Children from Sexual Offences Act, 2012[15].
Additionally, they must also promptly report the occurrence to the police. It stipulates the consequences for neglecting to provide care to a victim. If a hospital declines to provide medical care to rape victims or requires payment from them, the hospital is subject to a one-year imprisonment and a substantial monetary penalty.
- MEDICAL EXAMINATION PROCEDURES OF A RAPE VICTIM:
A registered medical professional connected to a government or local authority hospital is required to evaluate the lady in question when authorities are looking into a case of rape or attempted rape, as per Section 184 on the medical examination of rape victims. If such a physician is not present, another registered practitioner may do the examination. Only with the woman’s permission or, in the event that she is unable to provide it, with the consent of an authorized representative can this take place. Within 24 hours of the authorities being notified of the alleged occurrence, the woman must be submitted for a medical evaluation.
3.1. NO TWO FINGER TEST:
Following a Supreme Court decision in the case of Lillu Alias Rajesh and Others vs the State of Haryana[16], the two-finger test is now regarded as illegal and invalid in India. In this instance, the accused maintained that the sexual contact was consensual, but a male practitioner asserted that the victim displayed symptoms of sexual compulsivity based on the two-finger test. Nonetheless, the court maintained the rape conviction, stating that the victim’s age of 13 years and 9 months made consent moot.[17]
According to the Supreme Court, the two-finger test infringes upon the privacy, dignity, and bodily integrity of rape survivors, among other fundamental rights. It said that only medical specialists are qualified to evaluate injuries and signs of sexual assault, not to look into the victim’s past sexual activity or behaviors, and described the test as a type of character assassination. If a male practitioner conducts the examination, he must obtain consent and include all relevant information in his reports. If someone cheats, they will be charged with rape under Section 375 IPC,[18] which is now Section 63 of the BNS[19].
- RIGHT TO HARASSMENT-FREE INVESTIGATION:
In compliance with Section 176 of BNSS[20], 2023 a female police officer will visit the residence of the rape survivor or any other location preferred by the survivor. The environment should be welcoming, and the survivor’s friends, family, NGO, or lawyers should be present.
The testimony of the rape survivor will be documented per Section 183 (6-A) of the BNSS[21]: Section 164 (5A) of CrPC[22] states that – Once the police officer is informed of the crime, they must escort the victim to the nearest Judicial Magistrate to record her statement.
- RIGHT, TO TRAIL WITH FULL DIGNITY, SPEED, AND PROTECTION:
To facilitate a speedy trial for rape victims, several legal provisions and guidelines have been established. No such type of questions will be asked which questions on your dignity and character assassination. Moreover, Section 48 of The Bharatiya Sakshya Adhiniyam, 2023[23] states that “evidence of character or previous sexual experience is not relevant in certain cases.” This means that no one can ask you questions about your sexual history. Section 366(3) of BNSS[24] states that the proceedings of your case will not be published and will remain private.
5.1. CONSTITUTIONAL RIGHT TO SPEEDY TRIAL:
Although the idea of the Right to a Speedy Trial has changed, its objectives remain unclear. In order to increase the effectiveness and legitimacy of the legal system, this right is centered on the prompt settlement of cases. Its primary goal is to advance social fairness. The Magna Carta, a crucial legal document in English history, is where the concept of a speedy trial originated.[25] According to Article 21, people cannot be deprived of their lives or their freedoms unless a proper legal procedure is followed.[26] Under Article 32, the accused may petition the Supreme Court to defend their rights if this one is violated.[27]
- RIGHT TO COMPENSATION SCHEME:
Section 396A of the BNSS, 2023[28] outlines the victim compensation program. The state must safeguard its citizens from horrific acts, hence it becomes the state’s responsibility to offer compensation for the victim whose fundamental right, as mentioned in Article 21[29], has been infringed.
The Supreme Court established this rule in the Nipun Saxena v. Union of India[30] case. The Right to Compensation plan became public. You can also receive 25% of the total sum as interim compensation prior to making a decision. A rule was established in the Manohar Singh vs. State Of Rajasthan And Ors[31] case that compensation may be granted even in cases when a crime is not prosecuted due to insufficient evidence.
CONCLUSION
Understanding and safeguarding the legal rights of rape victims is crucial in ensuring justice, support, and healing for survivors of sexual assault. Rape victims ultimately have a right to justice and fairness. This entails prompt judicial hearings, active engagement in legal proceedings, and the court taking into account their issues and past experiences. Maintaining these rights is essential for not only holding offenders accountable but also fostering social change and regaining the trust of survivors in the justice system. Significant progress is still needed in recognizing and safeguarding the legal rights of rape victims. It is crucial to continue efforts aimed at raising awareness, enhancing legal protections, and providing a variety of comprehensive support services for survivors. By prioritizing the rights of rape victims, we can foster a more equitable and compassionate society that stands firmly against sexual assault.
[1] Bhartiya Nyaya Sanhita 2023, S.173 (1).
[2] JJS Verma Committee, Report of the Committee on Amendments to Criminal Law 2013.
[3] Bhartiya Nyaya Sanhita, 2023 S. 200.
[4] Bhartiya Nyaya Sanhita 2023, S. 64.
[5] Bhartiya Nyaya Sanhita 2023, S. 65.
[6] Bhartiya Nyaya Sanhita 2023, S. 66.
[7] Bhartiya Nyaya Sanhita 2023, S. 67.
[8] Bhartiya Nyaya Sanhita 2023, S. 68.
[9] Bhartiya Nyaya Sanhita 2023, S. 70.
[10] Bhartiya Nyaya Sanhita 2023, S. 71.
[11] Bhartiya Nyaya Sanhita 2023, S. 4.
[12] Bhartiya Nyaya Sanhita 2023, S. 6.
[13] Bhartiya Nyaya Sanhita 2023, S. 8.
[14] Bhartiya Nyaya Sanhita, 2023 S. 10.
[15] Protection of Children from Sexual Offences Act, 2012.
[16] Lillu v. State of Haryana, (2013) 14 SCC 643.
[17] Jay Kumar Gupta, RIGHTS OF RAPE VICTIMS DURING MEDICAL EXAMINATION – Jus Corpus, Jus Corpus (2022), https://www.juscorpus.com/rights-of-rape-victims-during-medical-examinatio (last visited Jan 29, 2025).
[18] Indian Penal Code 1860, S. 375.
[19] Bhartiya Nyaya Sanhita 2023, S. 63.
[20] Bharatiya Nagarik Suraksha Sanhita 2023, S. 176.
[21] Bharatiya Nagarik Suraksha Sanhita 2023, S. 183 (6-A).
[22] Criminal Procedure Code 1973, S. 164 5-A.
[23] Bharatiya Sakshya Adhiniyam 2023, S. 48.
[24] Bharatiya Nagarik Suraksha Sanhita 2023, S. 366(3).
[25] Khoda Meena, CONSTITUTIONAL RIGHT TO SPEEDY TRIAL FOR SAFEGUARDING WOMEN: AN ANALYSIS IN PERSPECTIVE TO RAPE VICTIMS IN, 83 ResearchGate 154 (2024), https://www.researchgate.net/publication/379956549_CONSTITUTIONAL_RIGHT_TO_SPEEDY_TRIAL_FOR_SAFEGUARDING_WOMEN_AN_ANALYSIS_IN_PERSPECTIVE_TO_RAPE_VICTIMS_IN_INDIA (last visited Jan 29, 2025).
[26] Constitution of India 1950, Art. 21.
[27] Constitution of India 1950, Art. 32.
[28] Bharatiya Nagarik Suraksha Sanhita 2023, S. 396A.
[29] Constitution of India 1950, Art 21.
[30] Nipun Saxena v. Union of India, (2019) 2 SCC 703.
[31] Manohar Singh v. State of Rajasthan, (2015) SC 1124.
