HC issues Guidelines for Gender Neutral Victim Protection Protocol for Sexual Assault Survivors

 

“It was Atticus who said: she was powerful not because she was not scared; but she went on strongly despite the fear”

The High Court of Kerala in the writ petition before it said that “sexual assault is the most traumatic of criminal victimization. While most crime victims find it difficult to discuss their ordeal, sexual assault victims find it particularly painful – because they are intensely traumatized not only by the humiliation of their physical violation, but also the fear of stigmatization, derision and ridicule from the community and society.”

The victim of sexual assault approached this Court with various allegations against the Police and Law Enforcement agencies, including that she was forced to settle and compromise with the perpetrator. 

The Court did not go much into details of this case, as various interim orders already has been issued.

The petitioner has obtained relief – including DNA analysis of the foetus she was carrying, under the provisions of the Code of Criminal Procedure (Cr.PC). In fact, the learned counsel for the petitioner –affirmed that no specific orders are now required and that a Final Report has also been filed by the Police.

However, the trauma, which the petitioner has experienced and which may be forced upon victims in future, made the Court to think in terms of having a Protocol for the purpose of empowerment of
the victim – being gender neutral - to approach the law enforcement agencies and obtain succour and support in the initial stages of extreme fear, terror and despondency faced.

With the afore intent, the court called for suggestions from anyone who is interested. After listening to the suggestions from the learned counsels representing the victim rights centre ( VRC), operating
under the aegis of the Kerala State Legal Services Authority (KELSA), Smt.Sandhya Raju, representing an organization working in the area of victim care, learned counsel of this Court, made available a few suggestions through his written Notes. After this the matter was thus deliberated at the Bar for a fairly long period of time and Court obtained various suggestions from it.

Among the various suggestions offered, the Court found at least three of them to be worthy of consideration, particularly if they are effectively and seamlessly infused into the official law enforcement mechanisms, so that the victims will find it easier to invoke their remedies, being comforted by the thought that they are not alone. 

The Court detail them in a compendious manner.

(a) One Stop Centre

The Ministry of Women and Child Development, Government of India, propounded the ‘One Stop Centres’ to support women affected by violence in private and public places, within the family, community and the work place. The scheme provides integrated support and assistance to women affected by violence, both in private and public places and facilitates immediate, emergency and non-emergency access to a range of services, including medical, legal, psychological and counselling support, irrespective of their social status.‘One Stop Centres’ have already been established in each district in Kerala. 

The Centre, in addition to medical assistance, offers succour to women in lodging an FIR/Statement, along with psychological and social support; legal aid and counselling – both psychological and legal.

The Centre has also an embedded Supervision and Monitoring Committee at the National, State and District Levels and its ultimate aim is to support the victim from the peripheral to the deepest level, empowering them to stand on their own, despite the harsh experiences they might have been subjected to

(b) Victim Rights Centre (VRC) 

The VRC is a service platform conceptualized by the Kerala High Court Legal Services Committee and brought to fruition under the aegis of the Kerala Legal Services Authority (KeLSA), to ensure access to justice and fair treatment of victims.

It aims at an integrated action with the cooperation of Government, Inter-governmental and Non-governmental organisations, to provide assistance and support in the nature of sociological, psychological and legal aid to the victims to guide them to their available remedies. Any women, child or transwoman, who suffered a loss on injury – be it physical, emotional or economic – by reason of an act or omission which is in violation of the Laws of the Land, will come under the protective umbra of the Centre, if so accessed.

The Centre has an Advisory Committee, consisting of six members, five of them being lawyers and a social worker. This Committee acts in consultation with KeLSA.

 

(c) Victim Liaison Officer

The State Police Chief issued a Circular, introducing the concept of VLO in the State Police. With the aim of strengthening the concept of a Victim Liaison Officer, as part of providing comprehensive justice to the victims of crimes and protection of witnesses. The primary role of the VLO was conceptualized to maintain regular communication with the family of the victim/deceased and to establish meaningful link between them and the Investigating Officer. The circular ordered deployment of a VLO in the rank of a Senior Police Officer/police officer in homicide cases and Women Senior Police Officer/Police Officer in rape cases/molestation of minor children or when minor girls were missing.

The circular further stipulated that VLO will be designated within 48 hours of commencement of investigation, who shall possess basic communication skills and who would meet the victim/family of the deceased at least once in every week to inform them the progress of investigation. 

With the afore platforms/services being available but which is, unfortunately, very seldom accessed – either on account of lack of knowledge or incapability of access, the Court is certain that a victim of sexual offence or a child abuse would obtain if the existing policing systems and investigating mechanisms are synergised with them.

Consequently the Court ordered this writ petition, directing the protocols mentioned below should be scrupulously followed in the case of a complaint regarding sexual attack or child abuse without exception.

a) The Government will, in addition to the steps taken earlier by it, continually publicize the Toll Free Number ‘112’ as an Emergency Support System to be known to every citizen, so that the victim of a child abuse or sexual assault can access it whenever required.

b) Every victim of sexual assault and child abuse must be encouraged to access the afore Toll Free Number or the Police Control Room Number ‘100’; and on such intimation being received, it will be fed into a digital system, to be then brought to the notice of the jurisdictional Police Station, for necessary steps under Section 154 of the Cr.P.C.

c) This Court records the further undertaking of the State that calls made to the aforementioned Toll Free Numbers of ‘112’ and ‘100’ will only be attended and responded to by well sensitized and trained personnel, who will make sure that the victim is given sufficient support from the inception, until the time she/he requires it thereafter.

d) On intimation of a sexual assault or child abuse being received by the afore Toll Free Numbers, the Police Control Room or the jurisdictional Police Station, will take immediate steps to contact the victim either personally or through phone without, however, summoning him/her to the Police Station.

e) While taking the statement of the victim, mandatory provisions of Section 157(1) of the Cr.P.C., namely, that same be recorded at his/her residence or in the place of his/her choice and as far as practical, by a Police Officer in the presence of his/her parents/guardian/near relatives or social worker, shall be scrupulously complied with.

f) On the FIR being so registered, the investigating officer will forthwith assign a ‘Victim Liaison Officer’ in terms of the applicable circulars issued by the State Police Chief, who shall then contact the victim immediately so that he/she will feel safe and protected, being sure of such support.

g) Simultaneous to the registration of the FIR or at the time when the Victim Liaison Officer is so assigned, the investigating Officer will disclose to the victim the numbers of the ‘One Stop Crisis Centre’ and that of the ‘VRC’, so that they can involve themselves and ensure that the victim suffers no further traumatisation and obtains the best psychological support and succour which, indubitably, is the sine qua non for the reparatory process of the victim’s psychological trauma.

h) The Authorities concerned will ensure that the victim has constant access to the Victim Liaison Officer and to the ‘One Stop Crisis Centre/VRC’, as the case may be; and that this is made available 24 hours a day, at any time the victim requires it during his/her most difficult times.

i) The "One Stop Crisis Centre", "VRC" is directed to offer not merely psychological assistance to the victim, but also legal support as may be required and will actively promote his/her return to normal life, through every possible facilitation as may be warranted. This shall continue as long as the victim requires, or until such time as the trial is completed.

j) It is further ordered that the victim Liaison Officer (VLO), as also the "One Stop Crisis Centre"; "VRC", shall make available every assistance necessary to the victim for the processes under Section 164A of the Cr.PC, and must actively guide and instruct, advising her/him of her/his rights under it, thus being able to exercise it diligently and with confidence.

The Court further added that the afore are not exhaustive. The Court in this judgment supported the victim of a sexual assault or a child abuse from the point of inception of the trauma until whatever time he/she may require and does not cover the areas which are already governed by the judgments and orders of the Honorable Supreme Court, particularly in relation to the manner of Trial and its modalities.

These certainly will be followed by the Authorities and the Courts concerned, without being under the impression that the directions in this judgment are, in any manner intended, to influence such.

Case Title: MS. X v. State of Kerala and others

BENCH: Justice Devan Ramachandran

Citation: WP(C) NO. 22276 OF 2021

 

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