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Tuesday, May 29, 2018

HC verdict on rape, sexual assault cases

Ministries must ensure implementation of directives


In response to a writ petition filed by rights organisations over the rape of a Garo woman in 2015 and the police's delay in recording her complaint, the High Court has come up with a set of 18 guidelines for ensuring protection and justice for victims of sexual assault and rape, which include some issues in need of critical attention.

The 2015 incident once again highlighted, as we have seen repeated over and over again since then, issues of police negligence and delay in recording complaints, providing victim support, and ensuring a gender-sensitive environment for the victim. The court has ruled that necessary chemical or DNA tests in such cases must be conducted within 48 hours of occurrence and that the police have to record complaints of rape or sexual assault of women and children without any delay and discrimination. The directives also mention that police stations must have a round-the-clock female police official who must be present during the recording of the victim's testimony, among other guidelines for making the victim feel safe and comfortable. Victim support services, interpretation services for those with disabilities, and the issue of discretion have also been covered by the verdict.

We have long stressed for the need for reform of the hostile environment that victims of rape and sexual assault face in trying to get justice—these directives, if properly implemented, should go a long way towards that end. Recently, we also saw the banning of the controversial “two-finger-test”. These are steps in the right direction. We commend the HC directives, and hope that the concerned ministries will take immediate measures for their implementation until the required legislation can be passed.

  • Courtesy: The Daily Star /Editorial/ May 29, 2018

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