Assistance in Cases of Offences Against Girls and Women

Crimes against girls and women in India constitute a significant societal problem, deeply rooted in historical, cultural, and socio-economic factors. 

Major Offences Against Girls and Women

• Rape: Section 375 of the Indian Penal Code (IPC) defines rape as engaging in sexual intercourse with a woman against her will, without her consent, through coercion, misrepresentation, or fraud, or when she is intoxicated or mentally incapacitated. Sections 63 and 64 of the Bharatiya Nyaya Sanhita (BNS) state the definition of rape and the punishment of rape, respectively.
• Sexual Harassment: Section 354A of the Indian Penal Code (IPC) defines sexual harassment as encompassing unwelcome physical contact and advances, demands or requests for sexual favors, displaying pornography without a woman's consent, and making sexually colored remarks. Similarly, Section 75 of the Bharatiya Nyaya Sanhita (BNS) retains the definition and corresponding punishment for sexual harassment outlined in Section 354A, IPC.
• Outrage Modesty: Section 354 of the Indian Penal Code (IPC) addresses the act of assault or the use of criminal force with the intent to outrage a woman's modesty. Sections 74 and 76 of the BNS retain the provisions from the IPC regarding outraging the modesty and disrobing a woman.
• Voyeurism: Section 354C of the Indian Penal Code (IPC) addresses the Offence of voyeurism, which involves the act of watching or capturing the image of a woman engaged in a private act, where she has a reasonable expectation of not being observed by the perpetrator or by any other person at the perpetrator's behest. Similarly, Section 77 of the Bharatiya Nyaya Sanhita (BNS) retains the provisions outlined in Section 354C of the IPC with minor modifications.
• Stalking: Section 354D of the Indian Penal Code (IPC) comprehensively delineates the offence of stalking, defining it as the act of persistently following or attempting to establish contact with a woman despite clear indications of her disinterest or monitoring her electronic communications. Section 78 of the BNS (Bharatiya Nyaya Sanhita) retains the core provisions of IPC Section 354D with slight modifications, ensuring alignment with contemporary legal standards while addressing nuances specific to national security concerns.
• Acid Attack: The Indian Penal Code (IPC) includes stringent provisions aimed at addressing grave Offences involving acid attacks. Section 326A of the IPC targets those who voluntarily cause grievous hurt using acid. Section 326B addresses attempts to throw acid. Similarly, Sections 124(1) and 124(2) of the Bharatiya Nyaya Sanhita continue to uphold the same meaning defined in these sections of the IPC. 
• Cruelty by Husband or Relatives: Section 498A of the Indian Penal Code (IPC) addresses acts of cruelty committed by a husband or his relatives toward a wife. This provision defines cruelty as any deliberate behavior likely to drive a woman to suicide or to cause severe harm to her life, body, or mental and physical health. It also covers harassment related to dowry demands. Sections 85 and 86 of the Bharatiya Nyaya Sanhita retain the relevant provisions from the IPC.
• Dowry Death: Section 304B of the Indian Penal Code (IPC) deals with dowry death, where the death of a woman is caused by burns or bodily injury or occurs under suspicious circumstances within seven years of marriage, and it is shown that she was subjected to cruelty or harassment by her husband or his relatives in connection with demands for dowry. Section 80 of the BNS defines the same. 
• Domestic Violence: It covers physical, sexual, emotional, verbal, and economic abuse and includes provisions for the protection, maintenance, and residence of the woman. The Protection of Women from Domestic Violence Act, 2005, is the legislation dealing with acts of domestic violence.
• Human Trafficking: Sections 370 and 370A, IPC pertain to the trafficking of persons for sexual exploitation, forced labor, or other exploitative purposes. It is introduced with specific changes in Sections 143 and 144 of BNS.
• Child Marriage: Child marriage is a significant concern in many states of India, and it is a serious crime against children. The Prohibition of Child Marriage Act, 2006, is the legislation that prohibits the solemnization of child marriages. 
• Sexual Offences Against Children: A special legislation called the Protection of Children from Sexual Offences (POCSO) Act, 2012, deals with the Offences of sexual assault, sexual harassment, pornography, etc, against children. 

How Can We Help You? 

• Legal Assistance: Assist victims of these offences by providing legal advice, filing complaints/FIRs, and representing them in court. Help them understand the legal procedures and their rights, ensure accurate complaint documentation, and obtain protection orders and interim relief as needed. Additionally, coordinate evidence collection and provide support to victims, referring them to counseling and shelter services as required.
• Protection and Escort: Can ensure protection and escort from the authorities; in some instances, police can provide immediate protection to the victim and escort them to a safe place if necessary.
• Medical Assistance: In cases of sexual offences and physical abuse, victims are entitled to a medical examination at government hospitals without delay. This is crucial for collecting evidence and ensuring the victim's health and safety. Can communicate with the doctors and medical jurists for medical assistance and preservation of evidence. 
• Protection Orders in Domestic Violence: Assist victims of domestic violence in approaching the concerned Magistrate to obtain protection orders, residence orders, and monetary relief. The court can order the accused to stay away from the victim, prohibit communication, and ensure the victim's right to reside in a shared household. Courts can grant interim orders for immediate relief while the case is pending.
• Counselling and Support: One-Stop Crisis Centres (OSCCs), also known as Sakhi Centres, provide integrated services, including medical aid, police assistance, legal aid, psycho-social counseling, and temporary shelter. Various helplines, such as 181 (Women's Helpline), provide immediate assistance, counseling, and rescue services for women in distress. Can coordinate with these organizations if necessary. 
• Shelter and Rehabilitation: Victims can access temporary shelter homes and rehabilitation services provided by the government and NGOs. These shelters offer a safe environment, food, clothing, and other necessities. Under the Victim Compensation Scheme, victims of acid attacks, rape, and other crimes can receive financial compensation for their rehabilitation and to cover medical expenses. Can assist in availing these reliefs. 
• Protection for Children: Child Welfare Committees (CWCs), in cases of sexual Offences against children under the POCSO Act, provide emergency protection, counseling, and support services. Can approach them on your behalf if required. 
• Acid Attack Victims: Victims of acid attacks are entitled to free medical treatment, including reconstructive surgeries, at government hospitals. States provide compensation to acid attack victims for medical treatment and rehabilitation. Can help you avail yourself of these reliefs. 
• Prohibition of Child Marriage: Authorities can intervene to stop child marriage and provide protection to the minor involved. Child Marriage Prohibition Officers (CMPOs) are appointed to prevent and prosecute offences under the Prohibition of Child Marriage Act. Can coordinate with the authorities to secure timely help. 
• Support: Assist in filing compensation claims and ensure fair police investigations, addressing any lapses. In cases involving children, protect the POCSO Act and intervene in child marriages. Additionally, engage in public awareness and policy advocacy to protect the rights of women and girls. 

Conclusion

Offences against girls and women in India often go unreported at the ground level because of the orthodox mindset of society. Most of the time, girls and women cannot report an offence done against them because they are unaware of the laws and legal resources available to them. We wish you safety and harmony. However, if you are a victim of any such offence, we are committed to helping you take appropriate legal action against the wrongdoer(s). To know more, contact us.