Crimes & Violence Archives - Page 21 of 26

How can you claim compensation under this law?

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.]

To seek compensation under the Victims Compensation Scheme,(( Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes 2018, National Legal Services Authority, accessed at https://wcd.nic.in/sites/default/files/Final%20VC%20Sheme_0.pdf.)) the procedure is:

Step 1: Filing an FIR

The survivor or someone on their behalf has to mandatorily report the acid attack crime by filing an FIR.

Step 2: Sharing FIR copy to Legal Services Authority

The station house officer (“SHO”), Superintendent of Police (“SP”) or the Deputy Commissioner of Police (“DCP”) of a police station has to mandatorily share a hard or soft copy of the FIR with the SLSA or DLSA.

Step 3: Application for compensation

The survivor, her dependents or relatives, or the SHO of the area concerned to the SLSA or DLSA can file an application for the award of an interim or final award of compensation. The application must be submitted in the format given under the Victim Compensation Scheme as Form -I. It must be filed with a copy of the FIR or criminal complaint and, if available, a Medical Report or Death Certificate. Further, the applicant must submit a copy of the judgement/ recommendations of the court, if the trial is over.

Step 4: Preliminary Investigation by Legal Services Authority

The SLSA or DLSA then begins the preliminary verification of the facts of the attack for granting compensation.

Step 5: Getting Compensation

The amount of compensation will be given by the SLSA or DLSA by depositing it in a Bank in the joint or single name of the survivor or dependent(s). In case the survivor does not have any bank account, the DLSA would facilitate opening of a bank account in the name of the survivor. In case the survivor is a minor in a child care institution, the bank account will be opened with the Superintendent of the institution as Guardian. However, in case the survivor is a foreign national or a refugee, the compensation will be given through cash cards.

To learn more on information on schemes in different states for survivors of violence, contact details of one-stop centres, protection officers and helpline numbers, check out the Nyaaya Map on Key Information for Survivors of Violence.

Child Sexual Abuse By A Family Member

Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.

When a child is sexually abused by a family member, they face a more severe punishment than someone who is not a family member since they are in a position of authority and trust to the child. A family member of a child can include anyone(( Section 5(n) & 9(n), The Protection of Children from Sexual Offences Act, 2012.)):

Related to them by blood, adoption, marriage, guardianship, or foster care; or
Someone who has a domestic relationship with the parents or child; or Family members living in the same house as the child.

Depending on the type of crime committed, the punishment will vary for the family member.(( Section 6 & 10, The Protection of Children from Sexual Offences Act, 2012.))

If a child is being sexually abused by a family member or someone knows about a child being sexually abused in the family, report the crime to the police.

Seeking Medical Help

Survivors have the right to get immediate and free first-aid or medical treatment from medical institutions (both public and private). The institution must also inform the police of the criminal incident.(( Section 357), Code of Criminal Procedure, 1973.)) If the institution refuses to provide treatment and inform the police, the person in charge of the institution is punishable with imprisonment for up to one year and/or a fine.(( Section 166B, Code of Criminal Procedure, 1973.))

Within 24 hours of receiving information about the criminal incident, the police sent the survivor to an authorised doctor for a medical examination. The medical examination can happen only with the consent of the survivor or someone who can consent on her behalf.(( Section 164A(1), Code of Criminal Procedure, 1973.)) After obtaining consent, the doctor immediately examines the survivor and prepares a detailed report with conclusions about the survivor’s injuries, mental condition, etc.(( Section 164A(2), Code of Criminal Procedure, 1973.)) The report also records that consent was obtained,(( Section 164A(4), Code of Criminal Procedure, 1973.)) and notes the exact time at which the medical examination was started and completed.(( Section 164A(5), Code of Criminal Procedure, 1973.)) The doctor immediately sends the medical report to the concerned police officer who is investigating the case, and the officer then forwards it to the Magistrate.(( Section 164A(6), Code of Criminal Procedure, 1973.))

Impersonation

Impersonation refers to the act of assuming a fake identity with the intention to deceive a person through the use of a computer or any communication device. For example, if someone posts a picture through your Facebook profile, while pretending to be you, it is a case of impersonation.

The punishment for impersonation is jail time of up to three years and a fine of up to one lakh rupees.(( Section 66D , The Information Technology Act.))

What is Physical Stalking?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

It is a crime to physically stalk someone, i.e. someone tries to follow a person wherever they go and contact them even after they have expressed their disinterest. Under the law, only a man can be punished for the crime.(( Section 354D, Indian Penal Code, 1860.))

Some examples of physical stalking are:

Waiting outside a person’s house every day, sending gifts and letters everyday despite a lack of interest.
Following someone from their place of work(( Shri Deu Baju Bodake v. The State of Maharashtra, 2016 SCC Bom 15454; Arun Kumar Mishra v. State Crl. A. No. 1577/2014; Kalandi Charan Lenka v. State of Orissa BLAPL No.7596 of 2016.)) to the places they visit regularly.
Repeated requests or demands for sexual favours or confessions of love.(( Shri Deu Baju Bodake v. The State of Maharashtra, 2016 SCC Bom 15454.))

The punishment for physical stalking is jail time up to three years along with a fine. For repeat offenders, the punishment is higher, i.e. up to five years jail time along with a fine.(( Section 354D, Indian Penal Code, 1860.))

Complaining/Reporting Problems by LGBTQ+ Persons

You can file a complaint with any of these authorities/forums:

Police

Go to Police Station

You can file an FIR at any police station or the one nearest to you. A friend or relative can also file an FIR on your behalf. If you are a woman or a trans woman, your statement will be recorded by a female police officer.

Call 100

You can call on 100 to seek immediate help from the police. After describing your location, a police unit will be sent to you for further assistance.

National and State Commissions in India

These are forums you can approach if you face any difficulties or resistance from the police if they refuse to file your FIR:

National/State Human Rights Commission

The National Human Rights Commission (NHRC)(( Core Group on LGBTQ+ Issues: https://nhrc.nic.in/sites/default/files/Documents_coregroup_lgbt_29062018.pdf)) is a national level government body which specifically looks into human rights violations, such as illegal detention, harassment in jail, etc. As a LGBTQ+ person, you can also approach them if you require help, if the police are not being cooperative.

Since the NHRC is located in New Delhi, you can also approach the State Human Rights Commission (SHRC) in your state to get immediate help. You can complain to the NHRC or SHRC regardless of your gender or sexual orientation.

You can contact NHRC here and complain if you have faced any harassment or discrimination.

National/State Commission for Women

The National Commission for Women (NCW) is a national level government organization that works in the protection of women from violence such as sexual crimes, domestic violence, etc. The NCW will help you by:

Providing you and your harasser counseling or an opportunity to be heard so that the dispute is resolved and the incident is not repeated again.
Instituting an inquiry committee in serious cases which would make spot inquiries, examine the witnesses, collect evidence and submit a report to give you immediate relief and protection.

You can get in touch with them only if you are a woman or a trans woman by either calling the helpline number 1091, or sending an email to ncw@nic.in or filing an online complaint.

You can also approach the Women’s Commission in your state to get immediate help.

Online Crime Reporting

You can complain with the Cyber Cell or the police in your state against online crimes. Read here to understand in detail the options that you have to report and complain against online harassment and violence.

How can you get Immediate Protection for Domestic Violence?

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

To seek immediate protection from domestic violence, you should file an application with the Court with the help of a Protection Officer or a lawyer. The Court will pass a protection order to give you and your child/children protection from the harasser. The order passed by the Court will be temporary, but for a fixed duration(( Section 25, The Protection of Women from Domestic Violence Act, 2005.)) until the Court feels that such an order is not required due to a change in circumstances. You can take the help of your lawyer to extend the duration of the order, if you require it. The protection order will help you(( Section 18, The Protection of Women from Domestic Violence Act, 2005.)):

Stop Acts of Domestic Violence

The harasser will be ordered not to:

Commit or help in committing any form of domestic violence.
Commit violence against friends, relatives or any person who is supporting you through the violence.

Prevent any Disturbance or Harassment

The harasser will be ordered not to:

Disturb/harass you at any place including your place of work or residence.
Disturb your child/children at school or any other place where they visit.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))
Contact you either personally or through email, telephone, online, etc.

Protect your Finances and Property

The harasser will be ordered not to:

Sell or give away your assets, wedding gifts, stridhan, etc. without your consent.
Operate any single/joint bank accounts or access single/joint bank lockers without your consent and without letting the Court know.

Regulate the Harasser’s Behaviour

The harasser will be ordered not to:

Use any firearms, weapons or other dangerous substances that can be used to hurt you. The harasser may be asked to surrender it directly to the Court.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))
Consume any alcohol, drugs or similar substances that can intoxicate, which leads to domestic violence.(( Form IV, The Protection of Women from Domestic Violence Act, 2005.))

If the harasser is still disturbing you after the order, you(( Section 32(2), The Protection of Women from Domestic Violence Act, 2005.)) can make your lawyer inform the Court. The Court will punish the harasser with jail time of one year or a fine of Rs. 20,000.

Some states provide handbooks for ASHA workers where you can find more information on forms on violence, where it can happen and how to file a complaint to seek protection against domestic violence. For example, see this handbook published for ASHA in Chattisgarh, Delhi, Jharkhand, Madhya Pradesh and Uttarakhand.