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Eight legal rights every woman must know

Discussion in 'Jokes' started by shyamala1234, Jan 27, 2013.

  1. shyamala1234

    shyamala1234 Platinum IL'ite

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    I did not know where to post it. As it was in my mail box I thought it is relevant to post here. Useful for all women.

    8 legal rights every woman must know

    Hindustan Times
    Mumbai, December 30, 2012
    First Published: 14:56 IST(30/12/2012)

    As a woman, you are entitled to some rights by law that protect you
    when you have been violated. Here are some that you should be aware
    Under section 164 of the Criminal Procedure Code, a woman who has been
    raped can record her statement
    before the district magistrate when the case is under trial, and no
    one else needs to be present. Alternatively, she can record the
    statement with only one police officer and woman constable in a
    convenient place that is not crowded and does not provide any
    possibility of the statement being overheard by a fourth person. The
    police have to, by law, protect the woman’s right to privacy. It’s
    important for the person to feel comfortable and not be under any kind
    of stress while narrating the incident.
    The police cannot refuse to register an FIR even if a considerable
    period of time has elapsed since the incident of rape or
    molestation took place. If the police tells you that they can’t lodge
    your FIR since you didn’t report it earlier, do not concede. “Rape is
    a horrifying incident for any woman, so it’s natural for her to go
    into shock and not want to report it immediately. She may also fear
    for her safety and the reputation and dignity of her family. For this
    reason, the Supreme Court has ruled that the police must register an
    FIR even if there has been a gap between the report and the occurrence
    of the incident,” says Tariq Abeed, advocate, Supreme Court.
    A rape victim can register her police complaint from any police
    station under the Zero FIR ruling by Supreme Court. “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 cases, she
    has the right to lodge an FIR at any police station in the city under
    the Zero FIR ruling. The senior officer will then direct the SHO of
    the police station concerned to lodge the FIR,” says Abeed. This is a
    Supreme Court ruling that not many women are aware of, so don’t let
    the SHO of a police station send you away saying it “doesn’t come
    under his area”.
    According to a Supreme Court ruling, a woman cannot be arrested after
    sunset and before sunrise. There are many cases of women
    being harassed by the police in the wee hours, but all this can be
    avoided if you exercise the right of being present in the police
    station only during daytime. “Even if there is a woman constable
    accompanying the officers, the police can’t arrest a woman at night.
    In case the woman has committed a serious crime, the police has to get
    it in writing from the magistrate explaining why the arrest is
    necessary during the night,” says Bhaumik.
    Women cannot be called to the police station for interrogation under
    Section 160 of the Criminal Procedure Code. This law
    provides Indian women the right of not being physically present at the
    police station for interrogation. “The police can interrogate a
    woman at her residence in the presence of a woman constable and family
    members or friends,” says Abeed. So the next time you’re
    called to the police station for queries or interrogation when you
    have faced any kind of harassment, quote this guideline of the Supreme
    Court to exercise your right and remind the cops about it.
    Acase of rape can’t be dismissed even if the doctor says rape had not
    taken place. A victim of rape needs to be medically examined as per
    Section 164 A of the Criminal Procedure Code, and only the report can
    act as proof. “A woman has the right to have a copy of the medical
    report from the doctor. Rape is a crime, not a medical condition. It
    is a legal term and not a diagnosis to be made by the medical officer
    treating the victim. The only statement that can be made by the
    medical officer is that there is evidence of recent sexual activity.
    Whether the rape has occurred or not is a legal conclusion and the
    doctor can’t decide on this,” explains Bhaumik.
    Under no circumstances can the identity of a rape victim be revealed.
    Neither the police nor media can make known the
    name of the victim in public. Section 228-A of the Indian Penal Code
    makes the disclosure of a victim’s identity a punishable offense.
    Printing or publishing the name or any matter which may make known the
    identity of a woman against whom an offense has been committed is
    punishable. This is done to prevent social victimisation or ostracism
    of the victim of a sexual offense. Even while a judgment is in
    progress at the high court or a lower court, the name of the victim is
    not indicated, she is only described as ‘victim’ in
    the judgment.
    It is the duty of every employer to create a Sexual Harassment
    Complaints Committee within the organisation for redressal of such
    complaints. According to a guideline issued by the Supreme Court, it
    is mandatory for all firms, public and private, to set up these
    committees to resolve matters of sexual harassment. It is also
    necessary that the committee be headed by a woman and include 50 per
    cent women as members. Also, one of the members should be from a
    women’s welfare group
    1 person likes this.

  2. Dinny

    Dinny IL Hall of Fame

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    Good one shyamala1234!!

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