5 years on, it’s the same ordeal for Nirbhayas

New Delhi: A Union law ministry-initiated study on the state of rape survivors in the national capital—started a year after the 2012 Nirbhaya gang rape incident and conducted over a period of 15 months — has exposed the hollowness of the entire medico-legal system in Delhi.
Sexual assault survivors routinely face not only harassment in registering an FIR but the internal examination conducted on them are even used to make “insinuations of their sexual history by making notings on old tears in hymen”.
The report points out the absence of “one stop crisis centre” even in a highly sensitive capital city like Delhi where the survivors continue to face harassment, and “undue financial exploitation” for gaining elementary legal information including just obtaining a copy of the FIR. The gaps in the system have compromised the rights of the complainants as they don’t avail of a companion during deposition, seek compensation or medical treatment.
The study, jointly supported by the Union law ministry and the United Nations Development Programme, was conducted by Partners for Law in Development (PLD), a Delhi-based independent organisation. The PLD researchers examined 16 rape survivors with the permission of the Delhi High Court and monitored their trials in Delhi’s four fast-track courts between January 2014 and March 2015.
The report was submitted to the government and the Delhi High Court in May 2015. The Delhi High Court, however, restrained the publication of the report for a year. It was finally cleared last month with a disclaimer that these findings based on interviews of just 16 rape survivors cannot be “generalised”.
“Some victims’ interviews suggest resistance and harassment in registering an FIR, including efforts to dissuade the woman from registering a complaint based on opinions on the veracity of the complaint, or by invoking family values,” the PLD report has said. While there is evidence on successful registration of zero FIR, there is also an instance of refusal of the same, it said. A sero FIR implies that any police station can register a report irrespective of jurisdictional area but the investigation will be taken up the police in which the place of occurrence is reported in the FIR.
Copies of FIR are also not immediately available to the victims and a number of them complained of inconsistency in implementing the law, according to the findings.
The study examined the medico-forensic procedures followed in case of the 16 rape victims and found that the prescribed ICMR guidelines were not adhered to.
“The examination is still not conducted with the informed consent of the victim. Internal examinations of the victims continue without informing them of their purpose. While they are a part of medical treatment afforded to the victim, they are also used to make insinuations of her sexual history by making notings on old tears in the hymen,” the report has observed.
In another serious observation, the report points out how “express notings about the absence of injuries on the body of the victim also persist, to suggest a lack of resistance to the assault.” One victim reported hostility, disbelief and advise from the medical staff to her not to pursue the case.
The study said it has found no evidence of counselling provided to victims except in two of the 16 cases, although required under the guidelines. “The counselling provided also does not adhere to the required standards, as it just involves asking the victim what her expectations of the legal proceedings are,” it added.
“The lack of legal orientation, guidance creates enormous anxiety, leading to undue financial exploitation for gaining elementary legal information, including just obtaining a copy of the FIR,” the study has revealed. It has recommended setting up of a specialized agency such as a “one stop crisis centre” which can assist the victims from the time of reporting a crime to navigate them through the complex legal procedure. The crisis centre can also act as a monitoring agency for all rape trial cases.