TASK 3

SIX RIGHTS OF A RAPE VICTIM

NAME – Tanishka saxena

Intern at ubAdvocate

Email – tanishka252003@gmail.com

Contact No. – 8077352079

My Client Urmila approached me for legal opinion where :

Background of the facts :

●My client Urmila is a resident from Kanpur who visited her uncle’s place at Samastipur in Bihar .

●There she met a boy named Heeralal who promised to marry her and established physical relations
with her .

●Urmila got cheated after that .

●For the reason of her reputation as well as that of her family , she did not disclose to anyone.

●Later, Heeralal threatened dire consequences if she disclosed all these to any one .

Legal Remedy

:The Rights of a Rape Victim are:

 Zero FIR

● Free Medical treatment even in any private hospital

● No two Finger test during medical examination

● Harassment free & time bound police investigation .

● Trial with full dignity, speed and protection

● Right to compensation

Here, we are going to discuss about three of the Rights

 Right to zero FIR

 Free medical treatment even in private hospitals
 No two Finger test during medical examination

Right to zero FIR

 Suppose a girl was raped in Lucknow, but she can even file and FIR at Patna, .it is the job of Patna’s
respective police station to send the FIR back to Lucknow. This concept has its roots back to the Justice
Verma committee which was formed in the aftermath of Nirbhaya Case. No police officer can deny the
request of a Zero FIR due

To lack of investigation; the Zero FIR has to be filed first. This ruling was evolved by the Constitution
Bench of the Hon’ble Supreme Court in the case of Lalita Kumari vs. Government of U.P 2014 (2) SCC 1.
The FIR has to be done in accordance with Section 154 of Code of Criminal Procedure. The Police officer
who refuses to file the zero fire will be punished in accordance with Section 166A of the Indian Penal
Code, he can get the punishment of Rigorous Imprisonment anywhere between 6 Months to 2Years or
Fine. This concept was further recognized in the case of Kirti Vashist v. State and Ors,2019In this case , It
was stated that even if the information to be registered as F.I.R. where the incident took place out of the
jurisdictional area of the police station, the police is still bound to take the information and register it as
Zero F. I.R and after that, transfer the same to the original jurisdiction police station.

Right to Free Medical Check-up

Free Medical treatment is availed to every rape victim no matter how costly it is and both private and
government hospitals are bound to avail this treatment. Under section375 of Code of Criminal
Procedure all hospitals private or public shall immediately provide the first aid or medical treatment,
free of cost to the victims of any offense covered under Section 357 of Indian Penal Code (45 out of
1860) and shall immediately inform the police of such incident. And if any hospital denies to give the
treatment or asks for money for the treatment then the hospital can be sued under Section 166B of
Indian Penal Code and if the hospital is found guilty then a punishment of 1 year or a fine of Rs.10,000
or both.

Right To No Two Finger Test

While medically examining any woman no doctor shall conduct Two finger test according to Section
164A of Code of Criminal Procedure, all the details regarding the making of reports are discussed in this
section and the Hon’ble Apex court supported this section in the case of Lillo Alias Rajesh and Another
vs. State of Haryana 2013(14) SCC 643, and the Supreme Court herein held that this Two finger test
violates the right to privacy and dignity of the rape survivors, and hence it is illegal. The guidelines issued
by the Ministry of Health facilitated the distribution of Medical Forensic kit to all the hospitals for the
sample collection of DNA and other things and the report will consist of only the name and address, age,
description of material taken for the DNA testing, marks of injury, if any, general mental condition and
any other relevant material. Any male doctor examining such rape victim will have to get a consent for
the same. The Chhattisgarh Government has made it clear that only lady doctors will examine the rape
victim.

Factors that should be included in the application for the demand Of compensation:

• Severity of mental and physical harm,

• Expenditure likely to be incurred in the medical treatment,

• Loss of education opportunity,

• Loss of employment,
• Was this a single isolated incident or a continuous harassment over a period of time,

• Whether the victim has become pregnant,

• Whether victim has contracted any sexually transmitted disease,

• The financial condition of the victim,

• The disability suffered,

• In case of death of a victim, the dependents are entitled to compensation. Legal Opinion :

●As per the case of Urmila, she should have her medical examination done as it will help her to get
justice as the reports will clearly mention that she had gone through such a trauma and the reports will
also help the police as evidence against Heeralal. There is nothing to be scared of when a medical
examination is asked to be done.

● Hence, My client Urmila can file an FIR against Here’ll and it is not necessary that she has to go to
Samastipur to file an FIR .Conclusion :It appears that people have not understood the proposition of law
as to compensation to rape victim even after having lost the case. Many a time, a rape victim may not be
able to produce the quality and standard of proof of rape beyond a reasonable doubt. In criminal
proceedings the standard of evidence has to be beyond doubt to convict an accused. If the court feels
that the victim is a sufferer, the court can grant her compensation. This compensation is not payable by
the boy but by the government for infringement of her fundamental right to life which includes living
with dignity. We need to understand this, the state has a moral and legal duty to protect its citizen’s life,
and whenever these heinous crimes happen, it reflects negligence on the part of the state, the fact that
the state failed its duty to maintain law and order.

The opinions are solely based upon the video shared by Sir Jeevan Prakash AOR Supreme court of India,
upon which the client acted safely.

Thank you