Theme: Sexual Violence

What can I do if I see an instance of sexual abuse happening to a child?

If you find out that child sexual abuse is taking place, you must report it to the police, who in turn must record your complaint in writing. If you are aware of any incident and are reasonably certain that a child is a victim of any form of sexual abuse happening to a child during the pandemic please use any of the mentioned ways to contact an authority to help the child out.

Online:

The government has an online complaint system where you can file your complaint. Your complaint will be filed to the National Commission for Protection of Child Rights.

Phone:

You can contact the following numbers:

National Commission for Protection of Child Rights- 9868235077

Childline India (Childline is a helpline for offences committed against children)- 1098

Email:

You can send an email to National Commission for Protection of Child Rights: pocsoebox-ncpcr@gov.in

Police:

Call 100 to contact the police about any information you have about any incident of child sexual abuse. After you complain, the child will be taken care of by the local police/Special Juvenile Police who will inform the Child Welfare Committee of your district who will further appoint a Support Person to assist the child and the family of the child in the legal process that will follow after the complaint.

Mobile App:

You can download the mobile app called the POCSO e-box (Android users only) and report the abuse directly through it.

Post/Letter/Messenger:

You can write to the National Commission for Protection of Child Rights with your complaint or send a messenger to this address: National Commission For Protection Of Child Rights (Ncpcr), 5th Floor,Chandralok Building 36, Janpath, New Delhi-110001 India.

Can I file a complaint against a family member for rape or sexual violence?

Yes, if a family member has raped or sexually assaulted you, you can file an FIR with the police. If a relative, guardian, teacher, or any person in a position of trust or authority, rapes a woman it is known as aggravated rape, under the law. You can use section 376 (2) of the Indian Penal Code, 1860 while filing an FIR with the police. The punishment for this crime is jail time upto  10 years and a fine.

Medico-Legal Guide for Survivors of Sexual Assault

How can the guide help you?

The Nyaaya Guide on Medico Legal Examination for Sexual Assault helps survivors by providing a summary of the process along with some things to be kept in mind if a person is sexually assaulted. The guide helps in understanding the procedure of the forensic medical exams that survivors go through to preserve possible evidence, including DNA, and to get important medical attention. It gives an overview of the survivor’s rights and dispels various myths. While dealing with sexual assault, health workers play a dual role – one, providing medical treatment and psychological support and two, collecting evidence and ensuring good quality documentation of evidence. In 2014, the Ministry of Health and Family Welfare put out guidelines and protocols for medico-legal care for survivors of sexual violence.

What are the laws being discussed in the guide?

The guide discusses the legal aspects of the medico legal guidelines by the Ministry of Health and Family Welfare in 2014. The guidelines are based on various requirements outlined in the Criminal Law Amendment Act, 2013, the Indian Penal Code,1860 the Protection of Children from Sexual Offences (POCSO), 2012 and the Code of Criminal Procedure,1973.

To read more information on the medical process, download the guide at the link above.

 

Rights of a Survivor and Duties of their Caregivers

 

Resources

Contact Information 

Women’s Helpline – 1091 

Women’s helpline gives 24/7 immediate and emergency response to women affected by the violence, both in private and public spaces. They give assistance to file complaints. They can guide the survivor towards a hospital for a medical examination etc.

Police – 100

Police will arrive in case of an emergency.

Sources of Information

Guidelines 

  1. Towards victim friendly responses and procedures – Partners for Law and Development, Department of Justice (Ministry of Law and Justice) and United Nations Development Program accessed at <https://doj.gov.in/sites/default/files/PLD%20report.pdf>
  2. National Commission of Women – Rape accessed at <http://ncw.nic.in/sites/default/files/Chapter02.pdf>
  3. Guidelines and Protocols, Medico-Legal Care for survivors/victims of Sexual Violence, Ministry of Health and Family Welfare (2014) accessed at <http://www.mati.gov.in/docs/GG%20cell%20materials/womens%20rights/Guidelines%20and%20Protocols_MOHFW%20(1).pdf>

Legislation

  1. The Criminal Law Amendment Act, 2013
  2. Section 357C of the Code of Criminal Procedure, 1973
  3. Section 166B of the Indian Penal Code, 1860
  4. Protection of Children from Sexual Offences (POCSO), 2012

Sample Forms

  1. Form to be filled by medical personnel conducting an examination: http://www.mati.gov.in/docs/GG%20cell%20materials/womens%20rights/Guidelines%20and%20Protocols_MOHFW%20(1).pdf