There are rights that exist in law specifically to protect women from processes that were themselves causing harm.
The two-finger test is one of the clearest examples. Courts have explicitly ruled that the two-finger test in sexual assault medical examinations is not only scientifically invalid but violates the dignity and privacy of the survivor. Multiple High Courts and the Supreme Court have condemned the practice.
It continues to be conducted in some jurisdictions.
A woman who does not know that this test has been judicially condemned, that she can refuse it, and that a medical officer who insists on conducting it is acting contrary to law, has no basis on which to object.
Adv. Amarjit Singh, Legal Author and author of Legal and Constitutional Rights of Women in India, addresses investigation rights in detail because the investigation process itself can become a source of violation when women do not know what they can insist on and what they can refuse.
What the investigation process is required to look like:
A woman cannot be required to attend a police station for questioning. Section 179 of the BNSS specifies that a woman must be questioned at her residence. This applies to both victims of offences and to women who are witnesses.
In sexual assault cases, the statement must be recorded by a female officer where available. In acid attack cases and sexual assault cases, the statement can be recorded at the hospital or at the woman’s residence.
The statement must be recorded in the woman’s words and must be read back to her before she signs it. She has the right to correct anything she believes has been recorded inaccurately.
Free legal aid is available. A woman does not need to engage a private advocate to pursue a complaint or to have legal representation during the investigation process.
Where the investigation process can go wrong:
Police pressure to alter statements is documented. Women have reported being asked to soften descriptions of violence, to omit details that would make the case stronger, or to indicate uncertainty they do not feel. Knowing that the statement is the woman’s own account and that she has the right to correct alterations is part of protecting the integrity of her own case.
Pressure to compound or withdraw complaints appears even in serious cases. The investigating officer in Sunita’s acid attack case mentioned that “such cases usually settle in families.” This is not legal advice. It is not accurate reflection of what the law requires. It is a statement that could, if taken at face value, lead a woman to withdraw a complaint she has every legal right and reason to pursue.
Understanding what the investigation process is required to look like allows a woman to recognize when it is not operating correctly and to know what recourse exists when it does not.
Legal and Constitutional Rights of Women in India by Adv. Amarjit Singh is available on Amazon, Flipkart, Kindle, and Google Books. Buy now and know your rights throughout the investigation process, not only within the legal text itself.
Grab your copy now: https://amzn.in/d/0hFStis3
