10 Legal rights that Indian Women should know
Today we talk about the rights which are known by every woman in India. We live a cool and messed up world, where life of a person is taken away by a loved one, where goddesses are worshiped while women are wound and harassed. The only way out to keep an eye on such terrible happenings is to make laws and rules stricter to keep a check on the horrendous crimes.
Having laws doesn’t suffice when they hire a legal firm for their problems. Only a handful of them would say, ‘Yes we know’ to this and most of them are not women. So to help women know their rights and to help them fight back. Here we provide the information about the Top 10 Legal rights that Indian Women should know.
10 Legal rights that Indian Women should know:
Right to Privacy while recording statement:
Under section 164 of CrPC, a woman who has been raped can record her statement before District Magistrate when the case in under trail 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 no crowded does not provide any possibility of the statement being overheard by 3rd person.
Police cannot say no:
A rape victim can register her complaint from any police station under Zero FIR ruling by the 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 under the provision of zero FIR.
Search by another Women only:
Under section 51(2) of CrPC, when an accused is a woman another should make search with strict regard to decency.
Opportunity to come out of the house:
Section 47(2) CrPC says, if the accused hides in the house of female who according to custom does not appear in public, the police cannot enter the house or break the house open unless notice is given to such female to withdraw and give her reasonable facility to withdraw herself.
Medical Examination by a female practitioner:
Under section 53(2) CrPC, when a person to be examined medically is female, then the examination shall be made only by or under the supervision of female registered medical practitioner.
Attendance cannot be required at any palace:
Section 160 CrPC protects women saying that no woman shall be required to attend any place other than a place in which she resides. Hence a police officer cannot needs the attendance of a woman, but on the contrary, he has to go to the place where she resides for making an investigation and can interrogate in the presence of a woman constable and family or friends.
No arrests after sunset:
Because to concerns of violation of the rights of women, section 46(4) provides that forbids the arrest of women after sunset and before sunrise, except in exceptional circumstances, in which case the arrest can be done by a woman police officer after making z written report and obtaining a prior permission from the concerned Judicial Magistrate of 1st class.
Time does not matter:
In the case of rape or molestation time does not matter. Police cannot refuse to register an FIR even if a considerable period of time has elapsed since the incident.
Protection of Identity:
Under no circumstances can the identify of a rape victim be releaved.Section 228 of IPC makes the disclosure of the identity of a victim a punishable offence.
Doctor’s Report is not a conclusive proof:
A case of rape cannot be dismissed even if a doctor says no rape had been committed. Report of the doctors can only act as a proof .The only state that can be made by the medical officers is that there is evidence of recent sexual activity. Whether the rape has occurred or not is a legal conclusion and doctor cannot decide on this.
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