Kerala High Court Issues Directions For Effective & Gender-Neutral Victim Protection Protocol For Sexual Assault Survivors

In a significant development, the Kerala High Court has notified a list of directions to the State authorities to set up a gender-neutral victim protection protocol to ensure that all survivors of sexual abuse are empowered and encouraged to approach law enforcement agencies.Justice Devan Ramachandran issued the directions to secure the effective execution of the mechanisms already established for the benefit of the survivors such as the toll-free number 112, 24/7 access to crisis centres and legal support. The Judge also commented on the depth and complexity of the distress of a sexual assault survivor, while adding that it is to be defined. "Hands down, 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.... Indubitably, survivors have to be treated sensitively, respectfully and ought to be told that they will be believed. The process of recovery is slow and painful." The judgment also quoted Canadian poet Atticus: "She was powerful not because she was not scared; but she went on strongly despite the fear."The Court was adjudicating upon a plea filed by a sexual attack survivor alleging harassment from the accused and two police officers. The issue concerned the Court after numerous cases reached the Bench with survivors seeking police protection. The report submitted by the Assistant Commissioner of Police revealed that a victim's liaison officer had been appointed as per existing protocols for the survivor.Yet she had to visit the police station on numerous occasions without the presence of the said officer. She had approached the police to terminate her pregnancy which was an aftermath of the sexual assault she had to endure. The Court found it rather disappointing that the liaison officer failed to support and guide the survivor when she approached her seeking help. At this juncture, the Court had accentuated the insufficiency and lack of implementation of the victim protection system intended for sexual-assault survivors in the State. At a later point of the case, the Judge had also made an oral observation as such: "I can wake up someone who's sleeping but I can't wake one who is pretending to sleep."The Court added that there was an abundance of guidelines and circulars specifically revolving around the implementation of a victim protection programme in the State, and stressed that the competent authorities must be accountable for their failure to effectively implement the victim protection guidelines.The Judge had then invited recommendations from all lawyers on how they can be protected from further trauma on account of the investigation process. The Court incorporated some of these suggestions from the Bar and the State recommended the effective use of three mechanisms already in placely, found favour with the Court and were incorporated into the directions. One Stop Crisis 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 workplace. '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.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 woman, 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 presently 48 women counsel, including two designated Senior Counsel and the President of the Kerala Federation of Women Lawyers. The KELSA has authorised 10 non-governmental organisations to work for the Centre, which is also assisted by 60 student volunteers, 50 of them law students and the rest psychology students. The VRC can be contacted at 8330035547 and at vrckhclsc@gmail.com.Victim Liaison Officer With the aim of strengthening the concept of a Victim Liaison Officer (VLO), as part of providing comprehensive justice...

Kerala High Court Issues Directions For Effective & Gender-Neutral Victim Protection Protocol For Sexual Assault Survivors

Hannah M Varghese

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