Crimes & Violence Archives - Page 22 of 26

What are the costs involved for survivors to exercise their rights?

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

For crimes of acid attack, medical and rehabilitation facilities must be provided to survivors free of cost:

They must be given free first aid and medical treatment.
They must be provided with a medical certificate free of cost that may be used for further treatment in other hospitals.
The police have to provide a complainant with a copy of the FIR, free of charge.
Further medical treatment is usually paid for through the:
- Fine amount imposed on the offender for committing the crime
- The compensation from States and Union Territories under their respective Victim Compensation schemes, and;

Additional compensation from the victim’s compensation Fund(( 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.))

Sexual Abuse By An Authority Figure

Portfolio Keyphrase: Aggravated sexual abuse by authority figure

Tags: Abuse, Violence, Crime, Children, Explainer, Family, Parents

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

The persons given below are punished strictly under the law on sexual crimes against children.

The people included in the list are(( Section 5 & 9, The Protection of Children from Sexual Offences Act, 2012.)):

Any person who is a government servant and holds authority because of their position within the institutional system of the government. For example, a police officer while on duty.
Any person in a position of trust or authority of the child who interacts with the child. For example, a school teacher or a family member.
Persons who commit sexual assault which is more gruesome in nature and calls for higher punishment. For example, gang rape of a child.
Repeat Offenders. For example, someone who has already been convicted for child sexual abuse.
Teachers, medical professionals, caregivers, staff, and management of any educational, religious, or medical institution can be punished for abusing their power and sexually abusing a child(( Section 5(e)(f) &9(e)(f), The Protection of Children from Sexual Offences Act, 2012.)). This law will not punish a doctor who is performing a medical examination of a child with the permission of the child’s parents. However,if it is proved that the doctor sexually abused the child while conducting the examination, then they will be punished under the law.

When these people commit crimes such as sexual assault or penetrative sexual assault, they will be given higher punishment for committing the same crimes. The crimes are considered as aggravated sexual assault and aggravated penetrative sexual assault respectively.

The punishment is rigorous imprisonment for any time in between 5 years and life imprisonment along with fine(( Section 6 & 10, The Protection of Children from Sexual Offences Act, 2012.)).

Protecting the Identity of the Survivor

No one is allowed to print or publish the name or any matter which may reveal the identity of a survivor. The punishment for doing so is imprisonment for up to two years and a fine.(( Section 228A(1), Indian Penal Code, 1860.)) Without getting permission from the court, if anyone prints or publishes any matter about a rape case which is currently ongoing in court, they are punishable with imprisonment for up to two years and a fine.(( Section 228A(3), Indian Penal Code, 1860.))

The identity of the survivor can only be revealed:((Section 228A(2), Indian Penal Code, 1860.))

For the purposes of investigation – In this case, the identity can be revealed by the officer-in-charge of a police station or the police officer investigating the case.
By the survivor, or with her written permission.
By the close family of the survivor, or with their permission – This is allowed if the woman is dead, or a minor, or of unsound mind. In this case, the family can give such permission only to the chairman or the secretary of any recognised welfare institution or organisation.

Obscene Materials and Sexual Harassment

The law punishes different kinds of crimes if obscene material is shared or you face sexual harassment online:

Publishes or distributes obscene material online

If someone publishes or distributes obscene material online, it is considered a crime. For example, if someone publishes pictures of a naked woman. This is punishable(( Section 67, The Information Technology Act, 2000.)) with jail time of up to three years and a fine of up to five lakhs on first conviction, and jail time of up to five years and a fine of up to ten lakhs upon any subsequent conviction.

Publishes or distributes materials that display sexually explicit acts

Further, if someone publishes or distributes materials that display sexually explicit acts, it is also considered a crime. For example, if someone publishes a video of two people engaging in sexual intercourse without their permission, he may be punished under the law. This is punishable(( Section 67A, The Information Technology Act, 2000.)) with jail time of up to five years and a fine of up to ten lakhs on first conviction, and jail time of up to seven years and a fine of up to ten lakhs upon any subsequent conviction.

Showing Pornographic Material

Showing pornographic material to a woman when she does not want to watch it is considered sexual harassment, and is a crime under the law.(( Section 354A, The Indian Penal Code, 1860.)) The punishment for this is jail time of up to three years or a fine or both.

How does Stalking over the Phone Happen?

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

If someone repeatedly contacts a person through calls or texts by the means of a telephone, then, it is a crime under the law. Under the law, only a man can be punished for the crime.(( Section 354D, Indian Penal Code, 1860.))

For example, sending someone messages on their phone begging to meet them or for sex despite a clear disinterest from their end.

The punishment for stalking over the phone 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.))

Filing an FIR by LGBTQ+ Persons

When you go to the police station to file a complaint, the details of the complaint will be written down in an FIR (First Information Report).

The FIR has to be filed by the police official and if you are a woman or trans woman, then for certain crimes, a woman police officer has to fill out the FIR.

Before filing the FIR, consult with a lawyer and see what all crimes you can file an FIR for as some crimes can only be reported by women or trans women and not men. If you face any difficulties while filing an FIR, read here to see what steps you can take.

Read here to understand what happens after you file the FIR.

What are Medical Facilities and Shelter Homes?

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

Medical Facilities

If you have been subjected to domestic violence, it is your right to receive medical assistance. You can approach the Protection Officer of your district or any service provider working within the ambit of women’s rights, and they will help you, as well as any child, obtain medical assistance. The medical report will be forwarded to the relevant police station and Court.

Role of a Medical Facility:

Providing medical assistance to a victim of domestic violence. No medical facility can deny service to such a person.
File a DIR and forward it to the relevant Protection Officer, if one has not been filed already.
Supply the victim with a free copy of the medical report.

Shelter Home

Shelter homes are homes set up by the State Government to provide a safe space for women to stay in. Any woman who has suffered from any kind of violence including rape, sexual crimes, domestic violence, etc. can stay in a shelter home(( Section 6, The Protection of Women from Domestic Violence Act, 2005.)). If you are unable to go back to your house because the harasser(s) who harmed you is/are still living there, then the Protection Officer or service provider may ask you to go to a shelter home. If you want to find a shelter home, you can approach a Protection Officer who would maintain records of the shelter home in his or her district(( Section 11(3) and 11(4), The Protection of Women from Domestic Violence Act, 2005.)).

Even if you have not filed a DIR, with the help of a Protection Officer, you can ask for accommodation in a Government-run shelter home, and the shelter home cannot refuse shelter to you merely because you have not lodged a DIR. If you desire, the shelter home will not disclose your identity to the harasser(( Section 16(1),(2),(3), The Protection of Women from Domestic Violence Act, 2005.)).

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.

How is the sale of acid regulated in India?

The sale of acid in India is governed by two levels of regulatory mechanisms:

State-level Rules framed by the respective State and UT Governments

Various state and Union Territory governments have framed rules for the sale of acid,(( These rules have been framed under Section 2 of the Poisons Act, 1919, or under state-specific statutes (in the case of Chhattisgarh).)) including Chhattisgarh, Rajasthan, Karnataka, Tripura, and Himachal Pradesh. These rules are broadly similar, and prescribe various requirements for shopkeepers selling acid:

Shopkeepers can only sell acid, or keep the same for sale, if they have a license issued by the relevant licensing authority. This may mean the District Magistrate, or any other officer appointed by the state government.
In case a shopkeepers’ license becomes invalid, they must sell the acid off to another license holder within 3 months. After this period, the licensing authority has to remove and destroy it.
Shopkeepers must exhibit a copy of the sale of acid rules of that state at their place of business.
Shopkeepers must sell acid only from the premises that have been specified in the license. For example, if the acid can only be sold by a shopkeeper in one of his shops and not the others that are not mentioned in the license.
Shopkeepers must only sell acid to persons personally known to them, or those who produce a photo identity card with their address and substantiate the same with a legally valid address proof like an Aadhar card.
Shopkeepers must sell acid only after ascertaining the name, phone number, address, and the purpose for buying acid of the purchaser. They must maintain a register with the prescribed details of the acid sale transactions, including the name of the acid, quantity sold etc.
Shopkeepers must not sell acid to persons below 18 years of age.
Shopkeepers must store acid securely in a box/ room etc., with the word ‘poison’ marking the same, and ensure that only acid is stored there. They must sell poison only after securely packing and labeling the same.

If a shopkeeper does not follow these rules for the first time, the punishment is a jail term for up to 3 months, or with a fine of up to Rupees 500, or with both.(( Section 2 and 6, The Poisons Act, 1919; Section 15, the Chhattisgarh Regulation, Prohibition, Sale and use of Acid Act, 2013.)) For repeating the crime, the punishment is a jail term of up to 6 months, or with a fine of Rupees 1000, or with both. Hence, a criminal complaint or FIR can be filed against them for the illegal sale of acid. Such acid which is illegally stored will also be confiscated from the shopkeeper.(( Section 6(2), the Poisons Act, 1919.))

The Government of India has also framed Model Rules (the Poisons Possession and Sale Rules, 2013) for states and UTs to refer to while framing their respective rules. The Supreme Court has mandated states to make their rules as stringent as these Model rules.(( Laxmi v Union of India and Others, (2014) 4 SCC 427 [7].)) Further, the Court has repeatedly urged all states and UTs to frame rules to regulate the sale of acid and other corrosive substances,(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 11/2/2011; Id; Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015.)) and ensure the proper implementation of the same.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [12], [13].))

Rules by the Supreme Court

The Supreme Court gave guidelines about the sale of acid, to be followed in states which did not have state rules for sale of acid.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [9]-[11].)) Under these guidelines, the shopkeepers must follow the following regulations:

They can only undertake over-the-counter sale of acid, if they maintain a register with the details of the buyer, their address, and the quantity sold.
They must only sell acid after the buyer shows a government issued photo ID with the address of the person, and specifies their reason for buying the acid.
They must declare their stocks of acid within 15 days to the Sub-Divisional Magistrate (SDM) of the district.
They must not sell acid to minors.

Under these Court guidelines, a person can also complain to the Sub-Divisional Magistrate (SDM) of the district as they have a responsibility to ensure the guidelines are followed and can levy fines on shopkeepers breaching the rules given above.