Ensure 24/7 access to crisis centre, legal support for sexual assault survivors: Kerala High Court [Read Judgment]

In a significant move, the Kerala High Court has issued a slew of directions to the State authorities to set up a victim protection protocol to ensure that survivors of sexual assault, irrespective of gender, are empowered and supported so that they can work through their trauma and approach law enforcement agencies as comfortably as possible..The judgment rendered by single-judge Justice Devan Ramachandran began with the following quote from the Canadian poet who goes by the nom de plume, Atticus.“She was powerful not because she was not scared; but she went on strongly despite the fear.”.The Court issued a slew of directions to ensure implementation of various mechanisms already established for the benefit of the survivors. The directions include encouraging survivors to access toll free number 112, ensuring 24/7 access to crisis centres and providing legal support. .On the unique complexity of the trauma from sexual assault and the need for community support to recover from the same, the Court said,"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.".Ever since a survivor approached the Court with a petition alleging that the authorities had been handling her case unfavourably, going so far as to force a compromise with her rapist, Justice Ramachandran has been engaged in an open discussion with the Bar about meaningful ways in which survivors can be prevented from being re-traumatised on account of the laches in the system. .Three of the suggestions from the Bar and the State which recommended effective use of three mechanisms which have already been set up, albeit nominally, found favour with the Court and were incorporated into the directions.1. One Stop Crisis CentreThe 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 work place. ‘One Stop Centres’ have already been established in each district in Kerala, with its service delivery framework consisting of a Centre Administrator, Case Worker, Police Facilitation Officer, Para Legal Personnel/Lawyer, Para Medical Personnel and Psychological Counsellor.The Centre, in addition to medical assistance, offers succor to women in lodging an FIR/Statement, along with psychological and social support; legal aid and counselling – both psychological and legal. 2. 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 women, 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 rest psychology students.The VRC can be contacted at 8330035547 and at vrckhclsc@gmail.com.3. Victim Liaison OfficerWith the aim of strengthening the concept of a Victim Liaison Officer (VLO), as part of providing comprehensive justice to the victims of crimes and protection of witnesses, the State Police Chief issued a circular in November 2012, introducing the concept of VLO in the State Police. The primary role of the VLO was conceptualized to maintain regular communication with the family of the victim/deceased and to establish meaningful link between them and the investigating officer. The circular ordered deployment of a VLO in the rank of a senior police officer/police officer in homicide cases and woman senior police officer/police officer in rape cases/molestation of minor children or when minor girls go missing. The circular further stipulated that VLO will be designated within 48 hours of commencement of investigation..The Court noted that, even though these services are available, they are seldom accessed - either on account of lack of knowledge or incapability of access.However, it was firm in its conviction that survivors would benefit from these services provided the existing policing systems and investigating mechanisms work in synergy.The following directions were issued to ensure the same: The government will, in addition to the steps taken earlier by it, continually publicize the toll free number ‘112’ as an emergency support system to be known to every citizen, so that the survivors of child abuse or sexual assault can access it whenever required;Every survivor must be encouraged to access the afore toll free number or the police control room number ‘100’; and on such intimation being received, it will be fed into a digital system, to be then brought to the notice of the jurisdictional police station, for necessary steps under Section 154 of the CrPC. In this regard, the Court recorded the undertaking of the State that a system as above-mentioned has already been put in place under the Emergency Response Support System (ERSS) project.The Court recorded the further undertaking of the State that calls made to the toll free numbers of ‘112’ and ‘100’ will only be attended and responded to by well sensitized and trained personnel, who will make sure that the victim is given sufficient support from the inception, until the time she/he requires it thereafter.On intimation of a sexual assault or child abuse being received by the toll free numbers, the police control room or the jurisdictional police station, will take immediate steps to contact the survivor either personally or through phone without, however, summoning him/her to the Police Station;While taking the statement of the survivor, mandatory provisions of Section 157(1) of the CrPC, namely, that same be recorded at his/her residence or in the place of his/her choice and as far as practical, by a police officer in the presence of his/her parents/guardian/near relatives or social worker, should be scrupulously complied with;On the FIR being so registered, the investigating officer should immediately assign a ‘Victim Liaison Officer’ in terms of the applicable circulars issued by the State police chief, who shall then contact the victim immediately so that he/she will feel safe and protected, being sure of such support;Simultaneous to the registration of the FIR or at the time when the Victim Liaison Officer is so assigned, the investigating officer will disclose to the victim the numbers of the ‘One Stop Crisis Centre’ and that of the ‘VRC’, so that they can involve themselves and ensure that the victim suffers no further traumatisation and obtains the best psychological support and succor which, indubitably, is the sine qua non for the reparatory process of the victim’s psychological trauma;The authorities concerned will ensure that the victim has constant access to the Victim Liaison Officer and to the ‘One Stop Crisis Centre/VRC’ and that this is made available 24 hours a day, at any time the victim requires it during his/her most difficult times;The 'One Stop Crisis Centre'/'VRC' should offer not merely psychological assistance to the victim, but also legal support as may be required and will actively promote his/her return to normal life, through every possible facilitation as may be warranted. This shall continue as long as the victim requires, or until such time as the trial is completed;The Victim Liaison Officer and the 'One Stop Crisis Centre'/'VRC', should make available every assistance necessary to the survivor for the processes under Section 164A of the CrPC, and must actively guide and instruct, advising her/him of her/his rights under it, thus being able to exercise it diligently and with confidence. The Court clarified that the above directions are not exhaustive and that it remains open to suggestions from all..The Court was assisted by advocates Dheeraj Rajan, VP Seemanthini, Parvathy Menon, Ajit Joy, Ambika Devi, R Renjith, and MT Sureshkumar..[Read Judgment]