0 Surviving Sexual Violence N DT 29-09-2020
0 Surviving Sexual Violence N DT 29-09-2020
0 Surviving Sexual Violence N DT 29-09-2020
Researchers: Counsellors:
Padma Bhate-Deosthali Aarthi Chandrasekhar
Sangeeta Rege Sujata Ayarkar
Sanjida Arora Chitra Joshi
Prachi Avlaskar
Rajeeta Chavan
Amruta Bavdekar
Citation:
ISBN : 978-81-89042-81-3
This publication does not have any copyright. Any part of this publication can be
reproduced but not for commercial purposes. All credits need to be acknowledged.
If the report is reproduced for any purpose or posted on any website, the publisher
should be informed.
Printed at:
Satam Udyog
Parel, Mumbai-400 012.
Contents
Foreword ............................................................................................... v
Acknowledgements .............................................................................. ix
1. Introduction ........................................................................................... 1
2. Conceptual Framework and Research Design .................................... 7
3. Research Participants - A Profile ........................................................ 15
4. Interface with Community and Family .................................................. 29
5. Interface with the Police ....................................................................... 45
6. Interface with Hospital Systems ........................................................... 63
7. Interface with the Court ........................................................................ 75
8. Effects on Health, Work and Education ............................................... 89
9. Survivors' Recommendations for Change ........................................... 111
10. Summing Up ......................................................................................... 121
References ................................................................................................. 131
Annexure 1 Informed Consent Letters ....................................................... 139
We are indebted to the survivors and their family members for agreeing to speak
with us and trust us to narrate their experiences.
India witnessed a massive campaign in the wake of the rape and murder of a
young health professional in December 2012. This compelled the Government
of India to take cognizance of sexual violence. One of the immediate responses
by the state was to set up the Justice Verma Committee (JVC), which produced
a report within a month with clear recommendations about what needs to change
within various institutions in order to respond sensitively to survivors of sexual
violence and guarantee justice and care for them (Verma et al.,2013).This was
followed by critical changes to the rape law in the country through the Criminal
Law (Amendment) Act (CLA), 2013 which expanded the definition of rape to
include all forms of sexual violence thus recognising non peno-vaginal sexual
assaults (Bhate-Deosthali & Rege, 2015). The law retains the exception that
excludes marital rape from the offence of rape. The concession made by CLA
2013 was to extend the purview of rape to any wife living separately, though
entailing a lighter prison sentence. CLA 2013 expanded the categories of
aggravated rape beyond the precincts of the police station, jail, hospital, remand
home, women's institution, to include areas under the operation of armed forces,
rape by a person in a position of trust or authority or control or dominance or
during communal or sectarian violence.1 CLA 2013 did not classify caste as a
specific category, even though impunity for sexual assault of Dalit women is
endemic (Dubey, 2014). Evidence suggests that transgender persons and men
are often subjected to heinous sexual abuse and assault, particularly at police
stations, jails, during caste atrocities, necessitating the introduction of specific
crimes of sexual assault, for their protection. Women's groups have resolved
that they would continue to engage with the State to bring in the changes that
they felt were necessary (Butalia, 2015).
1
Sec. 376(2)(g) IPC has for the first time been invoked in cases of gang-rape of Muslim women during the
Muzaffarnagar communal attack of September 2013, when clashes between Muslims and Hindus left 62
dead and many injured and displaced.( Initially the 7 FIRs of gang rape were registered under S. 376 D IPC
(Gang rape). It was only after the victims filed a Contempt Petition in the Supreme Court (Contempt Petition
Civil No.479/2014) alleging malafide in investigation that this provision was added by the police. See also:
Neha Dixit, "Shadow Lines", August 4th 2014 available at: http://www.outlookindia.com/article/Shadow-
Lines/291494)
Centre for Enquiry into Health and Allied Themes (CEHAT) set up a model for
health sector response to sexual violence in collaboration with the Municipal
Corporation of Greater Mumbai (MCGM) in 2008. This has been operational in
three public hospitals in Mumbai, which includes training of healthcare providers
in the provision of gender sensitive response, crisis intervention services to
survivors and facilitating ongoing monitoring of standard of care. This work started
much before the One Stop Crisis Centre (OSCC)2 scheme came into existence.
The medicolegal protocols include information on circumstance of sexual assault,
profile of survivor and accused, history of assault, consequences on physical
and mental health and details of medical examination. The records during the
period 2008-2012 were analyzed and the findings of these data (98 service
records) were significant in bringing forth several critical aspects related to the
dynamics of sexual violence, forms of sexual violence, health consequences
and limitations of medical evidence (CEHAT, 2013). The findings showed that
only 20% of the survivors had followed up with counsellors after their visit to the
2
One stop crisis centre is a centrally sponsored scheme of Ministry of Women and Child Development
(MWCD), for addressing the problem of violence against women. Please see https://wcd.nic.in/sites/
default/files/Final%20Approved%20Guideline%20OSC%20.pdf
Rape survivors are willing to speak as they feel that it will help not only others
but also in their healing process (Campbell & Adams, 2008). Research reveals
that two-thirds of rape victims tell someone about their experiences at some
point after the assault, and that they seek support more from informal social
networks (family and friends) and less formal assistance (police, clergy and
doctors). Ullman (1996), while assessing the impact of social reactions to sexual
assault, reported that positive reactions from friends, such as emotional support,
have been found to be more effective than other resources. Survivors anticipated
that formal social system processes or their personnel could cause them further
psychological harm as they may disbelieve them, blame them or interrogate
them. Many did not have faith that the system could help them. They felt that
perhaps they should deal with it themselves.
Campbell et al., (2009) argue for an ecological model for responding to sexual
assault based on a rigorous review of evidence on the impact of sexual assault
on mental health. They argue that the impact of sexual assault on women's
psychological well-being is based on various factors such as disclosure and
help seeking, sociocultural norms about rape and not just on the characteristics
of the victim. Several factors at the family, community and policy levels have a
cumulative effect on women, and there is no one way in which this affects them.
Framing the impact of sexual assault solely within a Post-traumatic Stress
Disorder (PTSD) framework was found to be limiting as there were many other
consequences and factors beyond the individual and the assault characteristics.
Hence, scholars researching violence against women have advocated for
ecologically informed trauma models of rape recovery. Feminists too, have
reframed pathology (such as post-traumatic stress symptoms) into strengths,
survival, and resistance strategies of women (Koss and Harvey, 1991, Neville
and Heppner, 1999).
Sexual assault does not occur in social and cultural isolation: we live in a culture
that propagates messages that victims are to blame for the assault, that they
Victims are faced with negotiating post assault help and, ultimately, their pathway
to recovery within multiple hostile environments. If survivors turn to their family
and friends for social support, how will they react, as they too have been
inundated with these cultural messages? If victims turn to formal systems, such
as the legal, medical, and mental health systems, they may face disbelief, blame,
and refusal of help instead of assistance. The trauma of rape extends far beyond
the actual assault, and society's response to this crime can also affect women's
well-being, both physical and mental. These types of negative community
responses to rape victims have been called secondary victimization, the second
rape, or the second injury (Madigan & Gamble, 1991; Martin & Powell, 1994).
Conceptual Framework
The Centers for Disease Control and Prevention (CDC 2004) and the World
Health Organization (Jewkes, Sen, & Garcia-Moreno, 2002) have adapted this
approach to develop multilevel models for the prevention of gender-based
violence. Neville and Heppner (1999) extended this to explain how sexual assault
affects women's well-being and recovery processes: the basic premise being
that the mental health of survivors is shaped by many factors besides the assault.
With each disclosure and interaction with the social world, survivors get explicit
and implicit messages about how they should make sense of the crime and how
to apportion blame. All of these have a cumulative effect on the survivor where
Chronosystem
Macrosystem
Meso/exosystems
Microsystems
Self
Blame
Individual
Research Design
Using a qualitative research design, the study applied the ecological framework
to conduct interviews with survivors and/or their family members to understand
the experience of disclosing incident/s of sexual violence and their experience
thereafter. The various factors that were explored are presented in Table 1. This
ecological model is further informed by the feminist perspectives on sexual
violence that defines rape as a form of violence inflicted to exert power and
Sources of Data
The primary sources of data for the study are in-depth interviews with adult
survivors and parents of child and adolescent survivors. Between April 2008
and March 2015, there were 728 survivors who came to three hospitals for their
medicolegal examination. It was decided that all these survivors would be
approached by the counsellor/interventionist on the given safe number and/or
address. They were informed that the hospital was following up with each survivor
who had sought its services. After discussing their current status, which included
their health and safety, the status of their case amongst other things, the
interventionist informed them about the purpose of the study and sought their
oral consent for participation. They were informed that their participation in the
study was completely voluntary and their refusal would have no effect on the
services being provided to them. If they agreed to participate, they were asked
for their choice of place for conducting the interview which was Dilaasa3
Department at the hospital closest to their residence or the CEHAT office. The
interview was held accordingly. Before the interview, the researcher read the
service records to understand the entire history and background. This ensured
that the respondent did not have to repeat any information that was already
available. In the case of survivors younger than eighteen, the parent was
interviewed.
3
Dilaasa is a hospital based crisis centre, a joint initiative of the MCGM and CEHAT, established to sensitise
Health care providers and train them to understand domestic violence as a health issue.
Data Collection
The data collection for the study was initiated at the end of December 2016 and
the last interview was conducted in February 2018. The interventionists
approached the survivors by either calling them on their safe telephone numbers
and/or by sending letters to the address intimated by them. Of all the survivors,
87% (634) could be contacted either by phone or by letter or both. Telephone
numbers were available for 63% of the survivors, that is, 457 of the 728 survivors.
Of these, in 170 cases, the numbers were not available or out of service or did
not exist or were not in use. Potential survivors who could be contacted over the
phone numbered 287 (63%). The addresses of 578 survivors (79%) were
available.
Each participant was called on the mobile at least thrice and at different times,
so that in case the phone was switched off due to work or any other reason, the
person could be contacted. Letters were sent to 468 survivors and of these 1%
(7) contacted the team, 24% letters were returned due to incorrect address and
there was no response from 74% of those contacted. The letter sent to the
survivors mentioned that this was to follow up on the health of the survivor as
she had come to the hospital for treatment. The contact numbers of Dilaasa and
the intervention number that all hospitals have been provided with, available
24x7, were also mentioned.
The interviews were conducted at the place of the survivor's choice. Most of
them were conducted at the CEHAT office or in one the Dilaasa centres. Two
were held in the offices of the respondent, one at home and one outside a church.
The interviews were conducted by a team comprising a researcher and an
interventionist to enable immediate psychological support during or after the
interview.
4
Elopement refers to couples who run away from home to get married due to opposition from family
members.
The consent form was read out slowly and clearly at the time of the interview in
the language that the survivors were comfortable in. The consent forms were
available in English, Hindi and Marathi. All aspects of the study were explained.
They were informed that they would be asked to narrate their experiences related
to different systems - health, police, legal, and community. The anonymity was
explained by telling them that the data presented would have no identifiable
information. It was reiterated in all the cases that their agreement or denial for
the interview would not affect the services provided by us. In the case of minors,
the parents were interviewed, so the consent was obtained from the parents.
1 An adult woman - During the interview, the woman broke down and the
interventionist took over, and the interview was stopped. She was interviewed
It was decided that a token amount of INR 400 would be given to each research
participant to compensate the travel expenses and loss of wages. All the
interviews were carried out in one visit so there was a one-time compensation
given to all the respondents with the exception of one. In the case where the
survivor broke down and the interview had to be stopped, compensation was
still given to the respondent. The reimbursement for travel cost was important
as they all had to make a special effort to come for the interview, miss their daily
wages, take leave, and so on.
At the end of the interview, when the token amount was given, all the respondents
refused to accept the money. They expressed their gratitude for the work being
done by the team and said that they felt good after talking to them. Hence, they
did not want to take any money. It had to be explained to them that an ethics
committee that reviews the work of the team had decided on the compensation
and they were persuaded to accept the amount.
Sex
In terms of sex, the participants were largely female. There were two males -
one a child and another, an adolescent. The adolescent boy was brought to
hospital by the police with a history of chronic penetrative assault, and the child
was brought by the parents directly to the hospital for treatment of anal injury.
Marital Status
As per the age profile, 68 per cent were less than 18 years. Of the 21 adult
survivors, seven were married, six were divorced or widowed, and eight were
never married.
Of the 45 children, 42 were going to school, 2 were infants and 1 was out of
school due to disability. Nine survivors were in college.
At the time of interview, it was found that of those who were going to school at
the time of the incident, seven left schooling due to the incident, of the nine who
were in the college two discontinued going to college due to the incident. One
young survivor had committed suicide after the incident. She was in high school
when the incident took place near her residence.
Nearly 20% of the survivors were working at the time of the incident, 5 % were
housewives, 5% were pursuing higher education, one was at home due to
disability and 68% were children. At the time of interview, nine out of thirteen
survivors continued working, four survivors quit working after the incident, three
survivors were home makers at the time of the incident and chose to remain the
same.
Type of House
The type of house in which the survivors lived provides some insight into their
socioeconomic background as well as the kind of space that they inhabit in
Mumbai. This is important in terms of determining their mobility, interaction with
neighbours and community. Of the 66 research participants, 39% were living in
a slum at the time of the incident, 38% lived in chawls, 21% lived in a flat in a
building, and one was living in a bungalow. As these are survivors who came to
public hospitals, most of them were living in slums and chawls and belonged to
the socioeconomic class that accessed government health care. Besides, these
slums and chawls are densely populated, allow little privacy and have strong
communal ties. The incidents took place within the home of either the survivor or
the abuser. It is important to note that those accessing health care from municipal
hospitals are largely from the lower socioeconomic class.
Of the 55 who reported sexual violence, 69% (38) reported penetrative assault
and 31% reported non penentrative assault. Peno-vaginal penetration was most
common, followed by penetration by finger, oral penetration and lastly anal
penetration (by penis or finger).
Frequency Percent
Sexual Violence 55 83.3
False promise of Marriage 7 10.6
Elopement 4 6.1
Total 66 100.0
All four cases of elopement were in the adolescent age group. They had run
away from home with the boyfriend to another city where they had multiple
episodes of consensual sexual intercourse. In all four cases, the parents had
filed a missing complaint and when they came back to Mumbai, the police
arrested the boyfriend either under charges of kidnapping and rape or under
POCSO depending on his age. POCSO criminalises consensual sexual activity
for those under 18 years.
Around 11% (7/66) of the survivors had filed a complaint of "false promise of
marriage" (from the abuser). These were survivors who stated that they had
been in a consensual sexual relationship with the man under the impression
that he would marry her. But as the promise of marriage was not kept, the survivor
filed a complaint with the police and was brought to the hospital for a medico-
legal examination. Amongst these, six were reported to the police and were
Of those who came with the complaint of penetrative sexual assault, 35 reported
peno-vaginal penetration, 18 fingering in vagina, 9 peno-anal penetration, 4
fingering in anus, 13 peno-oral penetration and 3 reported fingering in mouth. It
was observed that adults reported peno-vaginal penetration while children
reported penetration of finger in vagina, anus or mouth.
In 95.5% (63/66) of the cases, the perpetrator was known to the survivor and
only in three cases, the perpetrator was unknown/a stranger. Amongst the known,
perpetrators ranged from the child's own father, other family members, neighbour,
boyfriend, friend and acquaintance.
In one case, the perpetrator was unknown, as the survivor was mute since birth
and forcibly abducted by a stranger when she had gone to the market and she
was unable to provide any details about the perpetrator.
Pathway to Hospital
All the survivors who reported directly to the hospital suffered health
consequences which required treatment, and thus health complaints led to the
disclosure of abuse. Most of them were children and adolescents, where the
family concerned about the health of the child, took the child to hospital for
treatment. Those survivors who had been brought to the hospital by the police
for medical examination either disclosed the abuse to the caregiver or caregiver/
s asked about it, or the abuser was caught by the caregiver/s during the act,
refusal of marriage by the abuser or fear of future abuse by the perpetrator. It is
important to note that several of those who went to the police also suffered
health consequences.
All the four cases of elopement were brought to the hospital by the police.
Frequency Percent
Survivor-hospital 12 18
Survivor-police 54 82
Total 66 100.0
Nearly 54.5%(36 of 66) of the survivors reported some form of physical health
consequences to the doctor, ranging from injury (physical including genital),
pain in genitals, pain in rectum/pain while defecation, unwanted pregnancy, pain
in other body parts, burning micturation. Injuries were mostly seen in children,
followed by adolescents and adult survivors (47.8%, 26.1% and 26.1%
respectively). About ten survivors reported unwanted pregnancy as an outcome
of rape.
Frequency Percent
Yes 36 54.5
No 30 45.5
Total 66 100.0
" She (survivor) was not able to urinate. She told me that she felt like urinating
but she was not able to sit and she could not pass urine for a whole day." -
Mother of child survivor.
"But then I took her on my lap because she was so small, then I asked her to
show where it is paining, I removed her slacks then I saw that there was blood on
the inner side of her both the laps, I was shocked when I saw that, I asked her
what happened." - Mother of a child survivor.
"While doing the check-up the doctor said she was raped and all her skin over
there got infected because she had not taken abath for around one and a half
months. So there was itching all over her body. The skin was peeling (chamdi
chamdi nikal rahi thi)." - Mother of an adolescent survivor.
"I went and told them that your son has done this, but they denied, so when I
came back I was in depression and I attempted suicide, I drank phenyl." -
Adolescent survivor.
"When I was pregnant with his child (abuser), my husband had brought a pill for
abortion. With that pill half of it got aborted but half remained. But that bleeding
did not stop. It was bleeding so much". - Adult survivor.
Admission in Hospital
Frequency Percent
Admitted 19 28.8
Not admitted 47 71.2
Total 66 100.0
An FIR was filed in almost all cases (94%). Where the survivor's age was
concerned, the number of FIRs was filed almost equal (34% children, 32%
adolescents and 34% adult women); 6% (4 /66) of the respondents chose not to
register a police complaint. In all the cases where the survivor had eloped, the
FIR was filed under rape charges along with kidnapping.
Amongst the four respondents who chose not to file a police complaint, the
abuser was unknown and could not be traced in two cases. In one case, the
police went with the father to search for the perpetrator at the place of the incident
and looked around the area for him but could not find him. In this case, on the
advice of the police, the father decided not to file the complaint. In the other
case, the survivor had a mental disability and was unable to articulate any details
regarding the perpetrator. As a result, her mother decided not to file the complaint.
In cases where the perpetrator was known, the decision not to file a case was
complex. Where the perpetrator was the paternal uncle, the father of the child
decided not to file the case as the responsibility of the brother's family would fall
on him. The father did not pursue any legal action against the abuser but he
broke all relationship with the abuser and the matter was discussed within the
extended family. In the fourth case, the mother did not want to file a complaint as
she did not want to pursue any legal case as the health of her daughter was her
priority and because of the financial conditions and her own health complaints.
She relocated from the area of the incident and sought counselling for her daughter
for a year.
At the time of interview, most of the respondents (56%) were still pursuing the
case in court, there was a final court order for 24%, 6% of the cases were
closed and one was kept on hold. Of the 24% of the cases where there was a
final order, there was acquittal of the abuser in half of the cases and the abuser
was convicted in the rest. In the eight cases where the abuser was convicted,
four of the survivors were children and four adolescents. Six cases reported
penetrative assault and two non-penetrative assault. In all the convicted cases,
the abuser was known to the survivor - three were neighbours, two were family
members and three were acquaintances. In the four cases of elopement, there
was acquittal in three cases and one was ongoing.
The cases, which are still ongoing, were filed between 2009 and 2016 and about
45% of the cases were filed in 2014; one case was kept on hold as the accused
was untraceable. The court had directed that the case be filed under Classification
A (Classification A comprises cases where the accused is not traceable and
the cases are kept on hold). Four cases were closed as the survivor or her
family told the court that she/they did not want to pursue it further. Of these four,
two were adolescents, one was a child and one an adult. Of the two adolescents,
one got married to the abuser and closed the case. In the other, because the
abuser was a family member (sister's husband), the survivor chose to close the
case after he had spent several months in jail. In the case of a child, the parents
and other members of the family did not want the survivor to continue suffering
when asked to recollect and repeat the incident throughout the legal procedure,
so they opted to close the case. In the case of an adult survivor, she opted to
Frequency Percent
Conviction 8 12
Acquittal 8 12
Ongoing 37 56
On hold 1 2
Case closed 4 6
Total 58 100
*elopement -4
*did not file a complaint-4
There are two types of support systems in society: informal and formal. In this
section, we describe the interface of 66 survivors with informal support systems,
which include family, and community (neighbours, friends and politicians) where
survivors live.
Post assault, survivors experience feelings of anxiety, fear and uncertainty about
the reaction of their close ones upon disclosure. This makes it difficult for
survivors to talk about it and it is not uncommon that they may not share the
abuse with anyone immediately. It is important for the caregivers not to doubt
the survivor and recognize what the survivor has faced or is facing. Regaining a
sense of power and control by survivors over their body and lives is key to their
If the abuser is from the family, then the response of the family is crucial to
mitigate the feeling of breach of trust in the survivor. It is important to note that
there are a number of common myths and misconceptions in society about
rape, which influence the understanding of care givers. This often results in
insensitive responses of the family towards the survivor thus impairing the
recovery process.
Very often parents become overprotective of the child post assault and put
restrictions on her mobility, such as not allowing the child to go out of the house
to play, accompanying the child to school/college, enrolling the child in a nearby
school/college, forcing her to leave college and so on. Parents do this with the
intention of reducing risk for their children but it can be detrimental for survivors
as it restricts their movements. These restrictions further inculcate the feelings
of vulnerability and powerlessness among the survivors. It may also reinforce
the feeling of self-blame as she is told what to do and what not to do, which
unwittingly conveys a message that the onus of preventing violence against her
is on her. Rather, family members are required to create an environment at home
which enables the survivor to get into the daily routine, involve herself in various
activities, step out of the house and overcome the feeling of vulnerability.
In the case of child sexual abuse, parents need to be made aware of signs of
such abuse so that they are able to identify the changes in behaviour, if any,
after the abuse. Child survivors are more likely to express their feelings
behaviourally than verbally. Common consequences of abuse on children include
bed wetting, loss of appetite, nightmares, withdrawal, fear of going to school,
over sexualized behaviour and so on. Being aware of these can help parents to
recognize these changes and seek psychological support for the child.
The present study has captured the way family members responded to survivors
at different points of time after the assault. Out of 66 cases, there were five
There were various aspects in which the family rendered a supportive response
to the survivor. Examples of such experiences are mentioned below with excerpts
from some interviews.
In these cases of child sexual abuse, the caregivers suspected abuse based
on some behavioural changes and asked the children about it. The parents spoke
about some change in overall behaviour. Sometimes changed behaviour was
seen in the presence of some adults or in some location/situation. They created
an enabling environment by asking the child themselves as well as involving
other family members close to the child.
"My mother- in-law has a very good relationship with my daughter. She helped
her to disclose. My daughter revealed everything and then we realized that
such an incident has happened, and it was time to go to the police."- (Father
of a thirteen-year-old survivor).
"Whenever we would take the child there (abuser's house) she would start
feeling nauseous and start vomiting. The moment we took a left turn to go
there, she would start vomiting. Then whenever she came back from the
abuser's house, she would complain of pain in her pelvis. We asked her
many times and one day she revealed the abuse…" (Father of an eight-year-
old).
A young woman articulated this well. She had broken up with her boyfriend as
he was abusive. He later apologized and asked her to meet him just once. She
was in a dilemma whether to inform her family or not as she felt that they may
discourage her from meeting him. As he was persistent, she decided to meet
him. When she went to meet him, he gagged her and raped her. But her family
was supportive and did not judge her for meeting him.
A 23-year-old survivor said, "I was tense, I had not told anyone anything
about what happened to me, for two days. I was silent. My dad and sister
suspected that something must have happened. Then I told them everything
and we decided to make a police complaint."
She also went on to describe how her parents kept her sister in check if she
ever passed a negative remark, "When my sister said something, my mother
used to scold her and ask her to be quiet."
In the case of a survivor where the abuser was her sister's husband, the sister
of the survivor encouraged her to make a complaint against her own husband. A
17-year old survivor informed, "My sister said if we lodge a complaint then it is
for our own good, it should not happen again so we should lodge a complaint."
There was another case where the abuser was the mother's cousin and the
mother supported the survivor and took the stand of informing the police even
when other family members were not supportive.
Mother said, "My husband was saying that we should think it through, discuss
with your natal family also. But I said even if I lose my natal family or whatever
In a unique case, a young girl who was abused by her father was supported by
her mother as well as her paternal grandmother. The grandmother not only called
out for help when she witnessed the incident but also supported her daughter-
in-law (survivor's mother) in filing a police complaint and appearing in court as
witness.
The reporting of sexual violence incurs costs. Respondents spoke about the
role played by extended family members in extending financial support. The
families of survivors incurred expenses towards medical treatment in private
facilities, multiple visits to the police and court and a few had to make several
trips for "searching for the survivor".
There was the case of a sixteen-year-old survivor who went missing. The
grandparents maintained that they had spent around INR 100000 just on
searching for the survivor. In another case where the abuser was the father, the
survivor's mother was able to take the decision of making the complaint only
because her mother-in-law assured financial support through her pension. Others
shared experiences of borrowing money and using their savings.
Family members faced enormous pressure from the abuser (s) not to pursue
the case in court. Abusers resorted to various means like threatening and offering
money to the family of the survivor to withdraw the complaint. Despite this, the
family supported the survivor and was firm on continuing their fight for justice.
Some parents put restrictions on the survivors, which included changing school/
college, sending the survivor back to the village, discontinuation of education
and not allowing the survivor to step out of the house alone. They were over
protective and monitored all the movements of the survivor.
"…Not letting her go out much. Earlier I used to send her downstairs to bring
something from the shop; I don't send her anymore now. She doesn't talk much
with the other people in the society".
"I insist that she wears a burkha while going out. She didn't wear it before the
incident. I ensured that I removed her from that school, and secured her admission
in a nearby school - Scholar's Academy and it is an Islamic school where the
code of conduct, dress and everything is Islamic and I am ensuring everything
so that my daughter is safe."
A father during the interview stated that he filed case so that society doesn't
blame his daughter.
"We had no other choice but to file this case. Society would have blamed my
daughter for all this…I don't know whether I am right or wrong, but my vision is
like that, if he gets punished then her non-consent will be proved, otherwise it will
be considered consensual."
There was a case of "false promise of marriage" where the parents of the survivor
refused to keep her at home when she got pregnant.
"I was kept in the ashram (after filing the case) and he (the perpetrator) was
harassing me to take back the case. My family members were not accepting
me because I got pregnant and my father told the police that he cannot keep me
at home."
The initial reactions of parents towards adolescents and young adults were to
question them for having gone out with the perpetrator, or going without informing
them and so on. Blaming the survivor for abuse was common among cases of
adolescents. One such survivor said,
"My mom and my dad were very rude to me. They were not talking to me at all.
They were torturing me by making me remember everything about the baby
that I had delivered (later given for adoption)."
In some cases, the extended family members opposed the idea of filing a police
complaint. In one case where the incident of abduction took place when the girl
was in a relative's house, the relative insisted that the mother not report the
matter to the police. The relatives were scared that the police would come to
inquire and create problems for them. The mother went ahead and filed the case.
The relatives broke the relationship with the mother of the survivor when the
police came home for enquiry. The mother shared this with a lot of pain as the
family was close knit before the incident and she felt that she and her daughters
were isolated for no fault of hers.
In all 24 cases of children in the age group 0-12, the neighbours were supportive
while there were only three cases of adolescents where the neighbours
supported them. In these three cases, the parents stated that the neighbours
were supportive because they knew the survivor, alluding to the 'virtues' of the
girl. Belonging to the same hometown was a factor contributing towards the
supportive behaviour of neighbours. All the adult survivors experienced lack of
support from neighbours, which created several barriers and a hostile
environment. The dominant narrative that emerged was that the community did
not let them forget that there had been an incident of sexual violence.
"…. their statement was taken when the police came home. So, everyone
told them (police) accurately. He (abuser) was also beaten up by the people.
People will not leave someone if they are angry, everybody supported us in
the matter." (Father of a five-year old survivor, penetrative assault).
"The local corporator was backing him (abuser) although the community was
all by our side. They all signed letters and ensured that he was thrown out
along with his family." (Father of a four year old survivor who reported
penetrative assault).
"..Yes, they (other people from society) were also harassed by him (abuser),
everybody was disturbed by his behaviour. At least 50 women came there.
Women demanded that the accused be released so that they could deal with
him directly (punish him) as he had ruined the life of so many girls." (Father
of a thirteen-year-old survivor, non-penetrative assault).
In another instance, the mother expressed her gratitude to her neighbours. She
was at work when the incident took place. They informed her and took the child
immediately to hospital. The abuser was a visitor at one of the neighbour's house
and the people around locked him in a room till the police came to arrest him.
By and large, the neighbours were not supportive in cases where the survivor
was not a child. Adult women experienced ridicule and isolation.
"The women in the building started talking about me… That I am telling lies,
that I went after him (abuser) and so on." (21-year-old survivor, penetrative
assault).
"When they (abusers) tried to enter my house forcefully, they had torn my
clothes. There were many people present there but nobody came to my help
when the police came to take a statement. Then everybody went inside their
house "(29-year-old survivor, penetrative assault by gang).
"People used to say that many people have raped me. They have said things
like 'Someone gave her money to go to the police station'…. 'Her mother
took money for taking back the complaint'. So many such accusations were
made against me by people." (16-year-old survivor, penetrative assault).
"...If there is any program arranged in the area, they will not call us, will not
speak to us. So, I often feel that I have done something wrong. We sometimes
feel that we should not have filed a complaint, we should have left that matter
there itself," (Mother of a four- year-old survivor, penetrative assault).
"…Our society is very bad. If a person wants to take any brave decision then
society will break their courage." (Mother of a five-year-old survivor, non-
penetrative assault).
An example of how this panned out in the case of a girl from a family that had
migrated to the city for work:
"So this Maharashtrian person took signatures of people from the chawl. He
was drunk that day and he took signatures from people against us…saying that
all people from the neighbourhood are from our side (boy's side). Everyone
around told us that we will sign for you as well. Then we said that if you sign for
both, then it doesn't make any sense. The abuser's family gave him INR 20000
so he was taking signatures from neighbourhood people. The politician (neta)
publicly told me to take money and settle the matter. Then they called a meeting.
So that everyone can threaten me. They called me my mother not my father.
We were alone, 200 people had gathered. What could I have done among so
many people? They said 'You come alone, don't bring your father.' So I did not
go, they came to my house at one o'clock at night, and started abusing me
saying, 'Why you did not come for the meeting?' Now how could I go?"
"There were people not only from the neighbourhood but people for outside.
They threatened my mother saying that you think you have become 'big', even
the local corporator abused her. The entire meeting was to scare us so that we
didn't file a police case."
Survivors also spoke about the responses they had received from their friends.
Two of them spoke about friends being supportive and accompanying them to
In another case, the survivor's friends discouraged her from filing a police
complaint:
She asked her friends, "See this has happened to me, what should I do?"
There were two positive experiences - one where a friend accompanied the
survivor to the police station and the other where the friend became one of the
witnesses in the court.
The responses of employers were mixed. In one case, the father of the survivor
was a lecturer in the college; he shared the issue with the authorities. They were
cooperative and sanctioned the father's leave to enable him to go to the police
station and court. However, in the case where the abuser was a co-worker of
the survivor's mother, the employer terminated the work contracts of the
survivor's mother as well as that of the abuser immediately when she filed the
complaint as he did not want any police enquiry.
The role of the school in providing therapeutic care to survivors of child sexual
abuse can be instrumental in recovery and healing. The staff of the school has
to make conscious efforts towards adopting supportive behaviour towards
survivors. This essentially requires the facility of counselling services for
survivors ensuring privacy and confidentiality. Further, it acknowledges that the
child has to relive the trauma during the period of investigation. During this period,
it is essential to provide a conducive environment to survivors in the form of
emotional safety and support. Schools need to ensure that the survivors are
able to continue their education and establish peer relationships.
Majority of the parents informed that they did not reveal the incident to the school
authorities. The primary reason for the parents not disclosing was the fear of
stigma and discrimination that the child may face in school. This clearly is
evidence of the lack of faith in school systems and indicates that the schools
may have to make considerable effort by way of creating awareness and
increasing communication with parents about abuse so that they are not hesitant
in approaching them.
"No, we did not inform the school about this………because if it gets disclosed,
it would have become a major issue as everyone would have come to know
what has happened. And she is a girl, so it would have spoilt her name (alluding
her reputation/honour). (Parent of a twelve-year-old survivor, non-penetrative
assault).
"If we had divulged, she would have been looked at in a different manner,
even by the teachers. They will look at her in different manner. Therefore, we
did not mention anything at school." (Parent of a seven-year-old survivor,
non- penetrative assault).
"…she was at home for a year and then she was sent to school….to prevent
her from being taunted/told anything at school." (Parent of a five-year-old
survivor, Penetrative assault).
"…yes, he was going to school, he used to miss the school only on days
when there was a court date. We used to tell the school that there is some
emergency work and go to the court." (Parent of a sixteen-year-old survivor,
penetrative assault).
There were only five cases where the parents informed the school authorities
about the incident, thus indicating the deep lack of faith in school system. Schools
need to take concrete steps to ensure confidentiality as well as extend support
through counselling for survivors. Of those who informed the school, the response
was mixed.
There was the case of a sixteen-year-old survivor where the parents faced
non- supportive behaviour from the school. The school did not allow the
survivor to attend classes when the court case was going on. She lost two
years of her education due to this. When the case ended, the authorities
suggested that the father shift her to another school as it was affecting the
'prestige' of school. When the parents questioned this attitude of the authorities
and said that they would report to the media and tell people how the school
was blaming the child instead of supporting her, they allowed her to continue
her education. The survivor faced a lot of discrimination in school when she
rejoined. They kept asking her questions about the incident, like why she
spoke to the boy, what did the abuser do to her. This had a profound impact
on survivor, and she failed in her examinations. The school did not take any
responsibility of ensuring the safety of the survivor in school. The school
insisted that the parents drop and pick-up the survivor from the school and
even put forth this as a condition on allowing the survivor to continue education
in the same school. The survivor's mother was forced to do this for three
years. After that, the parents took a stand and refused. The school asked
them to give a written undertaking that the school was not responsible if
anything happened to the child on her way to school and back.
The FIR can be filed in any police station, not necessarily at the one
close to the place of incident. It is the responsibility of the police station
to record a ZERO FIR and then transfer the case to the police station
where the incident occurred for further investigation. (Mumbai Police
Rulebook Part 3 Rule no. 119-A).
Any information given to the police orally or in writing, pertaining to a
cognizable offence has to be converted into an FIR with the statement
of the informant written verbatim (Section154,Criminal Procedure
Code(CrPC).
Once written, it needs to be read out to the informant and explained in a
language that is understood and the informant's signature is to be taken
(Section 154 (1) CrPC).
The iinformant should get a copy of the FIR.
It is the right of the informant to get a copy of the FIR (Sec 154(2)CrPC).
The statement of the survivor can be recorded in any place that she is
comfortable in (Home, hospital or any other comfortable place).
The survivor can request the presence of any person who she is
comfortable with or request that a person not be present, if uncomfortable
while giving her statement (Amendment to Section 157Cr PC by The
Code Of Criminal Procedure (Amendment)Act,2008).- The statement of
the child shall be recorded at the residence of the child or where the
child is comfortable by a woman police officer not below the rank of sub-
inspector (POCSO, 2012) The police officer while recording the statement
The supportive and non-supportive experiences with the police shared by the
respondents
The police often flouted the rules pertaining to recording of a zero FIR, instead
they would state jurisdictional reasons for not recording FIR. In four cases, the
survivor had to keep going to different police stations just to record a complaint
as they were unaware about the concept of Zero FIR adding to their trauma.
All these were adult women with complaints of penetrative sexual violence. They
were asked to file the complaint at the police station where the incident happened.
A twenty-nine year old survivor shared that the police were not registering her
complaint as the incident occurred in another district; she reported that she had
to make a lot of requests to file an FIR in Mumbai.
A nineteen-year old respondent shared that she had to go to three police stations
to get her complaint lodged. She also reported that her statement was taken at
each police station and then she was sent to another police station. It was
traumatizing as she had to repeat the incident so many times.
Nearly twelve survivors reported that the police refused to file an FIR. Amongst
these cases, three respondents reported that they had to visit the police stations
repeatedly to get their complaint recorded. The police resorted to different tactics
and told the survivors that the information would be out in the media, that the
image of the survivor would be spoilt, that their case was weak and would not
stand in court and that they could not do much to stop the abuser. Few respondents
also shared that the police tried to close the matter by merely documenting what
was reported by the survivor instead of filing an FIR.
Amongst these twelve cases, four were children, two adolescents and six adults.
In six cases, the abusers were either financially strong to bribe the police or had
a strong political connection that led to refusal by the police to file an FIR.
In cases where the survivor reported non-penetrative assaults, the police told
the family that 'nothing bad' had happened, so there was no need to record an
FIR. This meant that vaginal penetration had not taken place, so rape had not
occurred.
The mother of a seven-year-old survivor was told by the police officer: "Nothing
has happened na (referring to penile penetration) (Kuchhuatohnahina)." The
mother of the survivor told them that if they did not register the complaint, she
would approach higher authorities.
In instances where the sexual assault was by the husband, the police refused
to record complaints. Survivors reported that they had to struggle to get their
complaint lodged. A 36-year-old survivor who went to report sexual abuse by
her husband said, "I insisted that an FIR be done - I told them that there are 5
NCs already against him so now FIR should be done. They were not ready to
listen. Then I went to the DCP's office and complained about the police not filing
my complaint, gave copies of all NCs and the recent one. Then the DCP called
In the case of a survivor below eighteen, the police told the parents that they
would face a number of problems if they lodged a complaint and they were
scared. "The police said that this incident will be reported in the news, your
daughter might be institutionalized, you will have to change your residence, there
will be lot of badnaami." The parents felt that this was done in order to dissuade
them from lodging a complaint.
Supportive Experience
Some respondents said that they were provided monetary support by the police
towards the travel expenses that they had to bear for going to hospital/court and
coming to the police station for any work related to the case.
One of the respondents said that everyone from the family and neighborhood
was against her when she filed the case and they pressurized her to end the
matter. But the investigating officer encouraged her to file and pursue the case
and assured her of support.
In a unique case, where the mother of the child did not want to lodge any complaint
of rape, she described her interaction with the police. The police explained to her
that rape was a serious offence, which demands that an FIR be done immediately.
A few respondents shared that the police listened to them and asked questions
in a sensitive manner. One of the respondents shared that she had received
such a good response from the police that when they had any other problem
they always met that particular police inspector as he was very supportive.
Another respondent said that till date she prays for the well-being of the police
inspector "Ajj bhi dua nikalti hai sir ke liye".
In all the cases where the police initially refused to file an FIR, the respondents
made many efforts by approaching a higher authority, approaching an NGO or
other organizations or made repetitive visits to get their FIR filed. This caused
an unnecessary delay in filing the FIR. Survivors had to wait for long hours in
the police station. These delays resulted in waste of time and loss of wages.
Out of 62 respondents who lodged a complaint, only 20 reported that the FIR
was filed in one visit. The rest had to visit the police station more than once.
One-third of them had to visit more than four times, which reflects the sorry
state of affairs. A few excerpts from survivors' experiences are presented below:
A 22-year-old survivor said that the police had refused to file an FIR but when
there was a repeat incident she went back with a social worker from a local
NGO. The police then lodged her complaint. "Because madam from NGO
came with me while filing an FIR, the police registered it. They were not filing
the case when I had gone alone."
A forty-eight year old narrated, "I went to the police station next day again in
the afternoon so I was informed that the lady officer to whom I had made a
complaint the previous day would come in the evenin. When I went in the
evening, I was informed that she had gone for patrolling so I was had to wait at
the police station till 10 in the night."
The father of a five-year old said that they went four times to the police station
and then they got the copy of the written complaint.
A 38-year-old survivor reported that it took 7-8 days to file the complaint and
she had to visit the .police station 7-8 times. She was asked to get a typed
copy of the complaint but she had no idea about how to go about it and had to
approach many lawyers till one agreed to help her draft the complaint. This
entire process took considerable time.
It is the legal right of the survivor to receive a copy of the FIR. However, two
respondents reported that they did not receive the said copy despite their repeated
requests and visits to the police station. One respondent shared that initially the
police did not give her the copy but she was able to get it after a local NGO
intervened in the matter. While few respondents got the copy of the FIR, they
shared that the police had not read out what was recorded by them. Two
respondents pointed out several gaps in what the police had recorded, especially
underplaying the incident of sexual violence and filing charges under sections
that weakened the case.
A 34-year-old survivor with penetrative assault said, "The police did not know
the Section 376 c-a- under which I wanted to file my case- this section is for
abuse of power- aggravated rape. But I insisted. Only then they brought the
IPC, read the sections and filed the case".
The father of a seven-year old survivor narrated that the police officer did not
apply the relevant section of POCSO- he applied only 354 and Section 8
which made the case weak.
Amendment to Section 154 CrPc states that the statement of the survivor should
be taken at a place which is non-threatening and where the survivor is comfortable.
Also under POCSO, the statement of the child should be taken by the police in
civil clothing. However, one respondent shared that the police had come to her
house to take the statement but in uniform, which frightened the child survivor
who clamped up. All the neighbours came to know about the incident which
made it more stressful for them.
Nearly 57 individuals out of the 62 who lodged complaints reported that the
complaint was filed at the police station. Five of them reported that the police
had come to hospital and completed all the paper work or took their statement at
the hospital when they were admitted. All respondents shared that the police
spoke to them in the presence of a supportive or trusted person.
In all the cases of child sexual abuse, the respondents said that the statement
was taken in the presence of one of the parents, mostly the mother.
A 25-year-old respondent who went to the police station with the complaint of
non-penetrative sexual violence shared,"I myself went to hospital, they did not
take me to hospital, I had to spend money on travel to hospital."
Two respondents shared that the police insisted on a repeat medical examination
at another hospital without offering any reason. This was traumatizing for the
survivors as they had to go through the entire process again. The police are
often unaware of the scope of medicolegal evidence, so if the medicolegal records
do not match their expectations, they take the survivors for a repeat medical
examination. It also reflects on the doctors who agree to conduct such
examinations repeatedly without any valid reason.
The father of a 16-year-old narrated, "The police took her to another hospital in
(XYZ suburb) - they said that the reports from a municipal hospital, can
sometimes be wrong and so they took her to another hospital." The extent of
insensitivity was so high that in one instance, both the accused and the survivor
were taken in the same van for medical examination, thus, re-traumatizing her.
Nearly 42 out of the 66 survivors reported facing harassment from the perpetrator
and/or his families and relatives after they filed an FIR. Around 14 respondents
reported that they were threatened and abused verbally. They reported that they
the perpetrator had threatened to kill them, harm the survivor or her loved ones,
repeat the offence, or even post the survivor's photographs on social media.
Two respondents reported that they were abused physically and verbally after
they filed a case. In fact, one of them reported that the abuser tried to kill her but
somehow she managed to escape. Four respondents reported that they had
been abused verbally and that the perpetrator made false allegations against
them and spread rumors. False allegations included allegedly taking money from
the abuser, that the survivor's brother had raped the abuser's sister, and that
the survivor was lying about the incident. Around 18 respondents reported
harassment in the form of contacting them, offering them money or coming to
them and pleading so that the case would be withdrawn.
A 19-year-old survivor reported that the abuser called her repeatedly, he pleaded
initially but started threatening her with dire consequences if she did not withdraw
the case. When the respondent approached the police about the threats, the
police suggested that she break her sim card or throw it away or simply not take
his call.
Survivors were admonished by the police for repeatedly wasting their time and
asking them to do the same thing over and over again. In one case, the abuser
threatened the survivor very often; when she reported this to the police, they
asked her to dialogue with him and if that failed and the harassment continued,
they would look into the matter. There was such deep-rooted apathy that despite
the survivor's receiving death threats, the police did not take action to prevent
or deter the abuser forcing the survivor to live in constant fear.
As per the POCSO Act 2012, the police are required to inform the Child Welfare
Committee (CWC) within 24 hours of an incident of child sexual abuse. The
purpose of involving the CWC is to assess the safety and security of the child.
Amongst the 45 survivors who were under 18 years of age, only 10 survivors
were reportedly presented before the CWC. This indicates that the police use
their own discretion about involving the CWC.
Of the four cases of elopement where the girls were below age 18, two girls
were provided shelter facility to protect them from abuse from their parents and/
or relatives. In both these cases, the girls reported that the WPC (Women Police
Constable) was very supportive, provided emotional support and did not blame
them for running away from their parental homes. The girls were able to confide
in the police about the pressures from their parents.
The police are expected to file a charge sheet within 90 to 120 days in a court
after filing the FIR. In 65% (44) of the cases this was complied with. This period
may extend if the accused is absconding or is unknown. Around 23 respondents
reported that their charge sheet had been filed within three months of filing the
FIR, 21 shared that the charge sheet was filed within 3-6 months, 3 respondents
shared that the chargesheet was filed after 12 months of filing the FIR, 2 informed
that the accused was not arrested and therefore the chargesheet had not been
filed, amongst them one is unknown and another is absconding. In another case
the charge sheet was filed after two years although the accused had been
arrested immediately.
Frequency Percentage
Within 3 months 23 34.8
3-6 months 21 31.8
6-12 months 10 15.2
After 12 months 3 4.5
No information 2 3.0
Abuser not arrested 2 3.0
NA(FIR was not registered) 4 7.6
Total 66 100.0
Those who did not receive financial aid said that they were unaware of such a
scheme. The police did not provide them this information and those who knew
and had availed themselves of it had to face the wrath of the police who accused
them of having filed a rape case to get this money.
The most repeated concern raised by the survivors was the uncomfortable
nature of questions asked by the police. There would be a spate of questions
and the same set of questions would be asked by different cadres, from the
police constable to the police inspector. If there was even the slightest
inconsistency, the survivor would be made to repeat the description of the whole
incident again.
The mother of a three-and-a-half year old who reported to the police about the
non-penetrative assault said, "I had such a bad experience with the police…my
daughter, she was very small then, she was not grown up, she was only 3 - 3.5
years old. Right from the police sub inspector to the lady police constable, they
asked her many questions. I wanted to ask them why they asked such a small
girl so many questions and why they did not question the accused instead…"
The survivors reported that they were asked irrelevant questions and were
blamed very often for their responses. In one instance, a child was blamed,
"You are lying about the abuse… You are very mischievous in school, how can
we believe your narration?"
The nature of questions, the repetitiveness and the accusative tone added to
the trauma of the survivors and their families and made them feel that they were
responsible for their condition. In a case of oral sexual abuse, the police
repeatedly asked questions such as, "Where did the abuser touch", "How exactly
did the incident occur? Did he ask you to take it in your mouth?"
Survivors recalled how traumatized they felt when the police asked them if they
had enjoyed the act at that point. Many survivors blamed themselves for having
approached the police and stated that the way they were treated left a deep
impact making them feel worthless. Some felt that they were at fault for letting
the abuser to carry out the act and wanted to end their lives.
The respondents spoke about corruption and said that the police demanded
money (bribe). In quite a few cases, the police asked both the survivors and the
abusers for money. Some survivors reported that the police accused them of
filing false complaints and demanded money for registering one. In one instance,
where there was a threat to the life of a survivor, instead of offering police
protection, there was a demand for money. The police when approached said, "If
you want protection then you will have to pay for it, the government does not
give money." The respondents reported that at times, the police took bribes
from the abusers and released them soon after they were arrested; in some
cases they did not take much action against the abuser, and sometimes delayed
in lodging a complaint or refused to lodge a complaint because the abusers had
given them money. One parent reacted that the police did not work as per law
but as per money 'Police Kayade se nahi chalti - paise se chalti hai'.
The police also resort to "settling the case" so that they do not have to record an
FIR and initiate investigation. In one instance, the survivor reported that the
police called for a meeting at the behest of the abuser so that a settlement could
be reached; in some instances, the police themselves stated that the case could
be settled if the abuser paid money to the survivor, suggesting that this could
help the survivor to vacate the house and relocate to a new place. This was
Some of the respondents spoke about deep-rooted biases of the police against
certain communities and women.
The father of a four-year-old who went to the police station with the complaint of
penetrative sexual violence did not receive any supportive from the police. They
demanded money and he later learnt that the abuser had paid the police and so
they took no interest. He expressed "The police response alters when they see
a cap and a beard, you understand? If you are a Muslim, they will never help
you. The perpetrator was a Muslim like me but the police helped him as he must
have given money and he was also working for the Shiv Sena".
A 38-year-old survivor who had been facing chronic sexual abuse from her
husband said, "The police do not have any will to do anything. These are all
crimes (those against women) that are less important, these are all trivial matters
according to them…(Phutkal vat ta). For the police, murders or other bigger
crimes are important. And then in cases of sexual abuse from the husband,
they look at it only as a husband-wife quarrel and they keep on mentioning, 'He
is your husband after all'…and their constant language is of settlement."
All that is mentioned below as the expected role of hospitals and health
professionals was being implemented and monitored by the monitoring committee
set up in these three hospitals.
Hospitals must follow the MoHFW Guidelines and protocols issues by the
MoHFW in 2014. This requires them to seek informed consent for every
A copy of the medical report must be given to the survivor by the hospital,
free of cost.
The respondents were asked to describe their experience at the hospital. Some
gaps related to the hospital response in terms of procedures and providers'
attitudes emerged in the narratives.
Nearly 42 of the 66 survivors mentioned that they did not face problems at the
level of the hospital, while 24 mentioned that they did not receive adequate
response at the hospital.
The respondents who said that they had a favourable experience at the public
hospitals described the aspects of the response that they found favourable.
Attentive Listening
Most parents said that doctors and nurses were friendly with the child and spent
time to make the child feel comfortable. One of the parents described how the
doctor built trust in the child and made her feel comfortable by taking her to the
post-natal unit along with her mother. The doctors showed her the babies in the
ward and gave her adequate time to get to know the place and only then
examination commenced in the presence of her mother.
The mother of a five-year-old narrated, "My child was admitted for two days.
Doctors and nurses were very nice to her. She was in pain during the sample
collection but the doctor handled it well."
Immediate Treatment
Respondents said that they were given immediate treatment. Some of them
were even advised admission so that they did not have to return for tests and
referrals to other departments. Hospitals need to complete the full examination
and investigations on the same day but are unable to do this for some referrals
such as X-ray, pathology test or Ultrasound. One of the respondents whose
sister suffered burn injuries said that the hospital did its best to provide burn
care and made all efforts to refer her to a speciality hospital for burns. He felt
"Our experience was good and we didn't have to go back. We got everything
free. The doctors were cooperative. The nurses also behaved very well with us.
They admitted her and gave treatment. Their behaviour was good." They also
stated that the questions were asked in a sensitive and comfortable manner to
the survivor. The procedures were explained properly by the doctors. "The doctors
were okay. They heard and wrote down properly what was told to them. They
asked questions softly, the medical check-up was done properly, they wrote the
report and gave us the report saying you can take this to the police station."
In one case, the doctors were able to identify child sexual abuse based on the
health complaint. They created the necessary environment to enable the child to
speak up. A child with mental disability was brought to the hospital for heavy
bleeding. During examination, the doctor noted fungal lesion that indicated sexual
abuse. He alerted the mother and then along with the nurse, child was asked
about any sexual contact. The child revealed that a man came to her house with
a knife and threatened to kill her mother if she told anyone about him.
In one instance, the mother of a survivor reported that her daughter was bleeding,
semi-conscious and in pain, but was made to wait till the police arrived at the
hospital and treatment was started only after the police recorded the complaint.
"In the hospital they told us that they cannot admit her just like that (without
police requisition). The hospital staff telephoned the police and only after the
police came, they admitted her. No, they did not start any treatment until then,
my daughter was bleeding and she was unconscious, but they did not even
touch her … did not even touch her. The police came did the paper work and
only then they started treatment."
Some negative experiences were blatant wherein doctors yelled at the families
of the survivors for bringing them late, especially when nearly two months had
elapsed after the assault. In this particular instance, the doctor accused the
survivor's father of lying about the abuse.
In another instance, a survivor was turned away for want of medicolegal papers.
When she was sent to a public hospital they referred her to another hospital
because of the absence of a gynaecologist. Running from one hospital to another
and awaiting their turn for medical care took over seven hours.
Two survivors reported that they were provided with treatment but they were
not given a copy of the medicolegal proforma. A 22-year-old survivor who had
experienced penetrative sexual violence when asked about the report of
medicolegal examination said, "I was not given the copy of examination and it is
with the hospital."
When she was taken to the hospital, she was asked to sit at a distance. Both
the survivor and the accused were taken inside. First she was asked many
questions and later he was asked many questions. Later she was examined
and then he was examined. But they did not scold him, they did not get angry
with him. (This was said as an expectation that the hospital should not have
been kind to the accused). She was scared throughout. She was alone inside.
Two survivors reported that they did not receive any treatment from the hospital.
One was a child who was brought to the hospital with a complaint of pain,
tenderness and redness in the genital area She was kept waiting for a long time
as she was transferred from one department to another. By the time the
In another case, an adult woman reported pain in the rectum and injury in the
anal area but she did not receive any treatment. She was examined and sent
back home without any treatment.
Two survivors mentioned that they reached the public hospital after the incident
to access treatment but they were referred to another public hospital for rape
examination. This caused delay in receiving treatment.
Describing the long wait, the father of a 16-year-old boy with complaint of
penetrative sexual violence said, "It took four hours to start the process, so the
experience was bitter. Because it required more time and in the first place we
are….survivors (pidit), and in spite of that… …I think the doctor was not available,
we had to wait, but then they arranged for the doctor as in his case a male doctor
was needed to perform the examination."
The mother of a five-year old when asked about the time that they had to wait in
the hospital said, "We went there (hospital) at 6 in the evening…. The incident
had taken place in the afternoon, but the police took us in the evening. Then
even at the hospital, the examination took time. It took some hours. I returned
from the hospital at 12 in the night."
In three cases, the doctors commented on the hymen when it was not relevant.
Two of them had reported non-penetrative assault so there was no indication for
any examination of the hymen, thus indicating how routine and 'out of context'
such comments are. In the third case, the survivor reported penetrative assault
after two days and even in such cases, there is a clear directive from the MoHFW
guidelines to note only clinical findings such as swelling/bleeding/fresh injury.
The doctor was not ready to touch and conduct the examination of the child. He
asked the mother to hold the genitals and said that he would see it from a distance.
The mother was asked to collect the vaginal swab and the clothes of the child
were taken away as evidence. However, she was not provided with another set
of clothes. The doctors were not behaving properly with the parents.
Five of the 66 survivors went to a private doctor first to seek health care. Contrary
to the legal responsibility cast on private health providers to offer immediate
medical care free of cost, the survivors and their families were asked to go to
public/government hospitals as private providers did not want to get embroiled
in medicolegal issues such as "rape". The commonly reported responses were,
"This is rape, you will have to take her to a government hospital", or "This may
be rape I don't handle these cases".
Even while survivors were turned away, first aid was missing in these
instances. In the words of the father of a six-year-old girl, "My daughter came
home crying, her face was swollen, she tried to tell us about the episode, but
as she was hurt we rushed her to a nearby private doctor, but he said go to
public hospital, what to do? I had to ensure that my child was treated so I went
to a public hospital directly from there…."
In another instance, a survivor realized that she missed her periods and
went to a private provider. Upon doing a sonography she was informed that
she was four months pregnant. When she requested for an abortion, the
doctor quoted an exorbitant fee, which was impossible for her to pay. The
doctor then went on to advise her to file a police complaint and go to a public
hospital.
In another case, the mother took the daughter to a doctor close to their house
as the child was complaining of pain. The doctor examined her and told the
mother that this was sexual abuse and so she must go to the police station.
The mother followed the procedure but the child had to suffer pain till all the
procedures were completed.
All these survivors had suffered an injury but treatment was not provided to
them immediately. The respondents could not insist because they were not aware
of the fact that private doctors were bound by law to deal with cases of rape.
Survivors had to face different forms of insensitivity while accessing health care.
Respondents shared that they were asked very awkward questions by the health
providers or insensitive remarks or comments were made which made them
uncomfortable and sad.
One of the respondents shared that even at the registration counter of one of
the hospitals she was asked questions like, where was she touched? The man
at the counter said, "Bad thing has happened (arre re vaayeetzhala)." There
was no relevance to ask such questions at the registration counter. This made
the mother so angry with the man at the counter and she said, "I did not wrap
her (survivor) up, I thought, "See whatever you want to see" I was strong so I
managed, otherwise how will poor people cope up with all this?"
Healthcare providers showed even less sensitivity if the survivor was known to
the perpetrator assuming that it was a "consensual act". In one instance, an
adolescent survivor became pregnant as a consequence of the sexual act. Her
partner had convinced her that they were anyway going to marry so sex was a
Procedural Rigmarole
Six survivors sought health care in private hospitals after completing the
medicolegal procedures in public hospitals. Though public hospitals were
equipped to provide therapeutic care, these survivors did not go back. Survivors
perceived that the role of public hospitals was only to carry out medicolegal
examination. They preferred a private facility for follow up treatment. The
treatment and care received by them also played a major role in their follow up
at the public hospitals. In one instance, though the hospital admitted the survivor
as she required treatment, her parents found that they were not really paying
adequate attention. So they sought discharge against medical advice and took
her to a private hospital. The family could barely make ends meet but were
rendered helpless.
In this study, respondents were asked about their experience with the court in
seeking justice. The information given by the participants has been analysed
against the procedures that need to be followed in cases of sexual violence.
These procedures are mentioned below in a chronological order.
Once the police have filed a Chargesheet in court, a date will be given
by the court for the trial to begin.This date along with details of the court
and court room number where the trial will be held will be informed to the
survivor (and the witnesses) via summons.
This special court, as far as possible should complete the trial within 1
year of taking cognizance, i.e.,from the first date of hearing (Section35(2),
POCSO Act,2012).
The special court shall not permit aggressive questioning and ensure
that the dignity of the child is maintained at all times during trial (POCSO,
2012).
There were eight respondents who reported that they had never been called to
court and that they did not have any information about the status of the case.
Out of these eight, four were children, one an adolescent and three were adults.
Four cases reported penetrative and four reported non penetrative sexual
violence. In three cases, the incident occurred in 2013, three in 2014 and in two
cases, the incident was reported in 2015. This indicates the long delay in reporting
cases involving children and penetrative assaults.
The father of a five-year old said, "After 6-7 months, I got a call from the police
and I was called to the police chowky. When I went there he handed me a letter
and said this is a letter from the court, I said okay and signed it and said I am
ready to come and after that my dates for hearing started in the court."
For the survivors who reached the court, they shared their discomfort about
being asked humiliating questions by defence lawyers and repetitive questions
by judges. Even the children were not spared the ordeal and the mother of a
survivor expressed her distress on how the child was repeatedly asked to narrate
details of the assault with questions such as how did the act of violence occur,
where was the child touched. This type of questioning took a toll on the emotional
well-being of survivors and their family members. It interfered with their recovery
from the incident and caused secondary victimization.
The father of a six-year-old said that the child and her mother were asked by
the defence lawyer, "Did he remove clothes and then what did he (abuser)
do?" The father lamented, "They were asking a whole lot of questions, now
what to tell you madam! So my wife had a fight with him…the private lawyer
(defence lawyer), when he was asking 'dirty words' (gandashabd)… he was
asking my wife if the girl's clothes were removed …"
The father of a 16-year-old said, "The private lawyer was asking dirty questions.
He asked if the girl's clothes were removed. He asked my daughter and
even my wife…"
Defence lawyers asked irrelevant questions not only to survivors but also to
other witnesses.
A five-year-old's mother narrated, "I was asked all kinds of personal questions
by the defence lawyer other than those concerning the episode - Is this your
second marriage? Why did you have an interreligious marriage?" All these
queries were to intimidate her and an attempt to malign the survivor's mother.
The mother of a 14-year-old survivor said, "They used to play mind games.
They kept talking about random things, and then they would come back to
the question, then again talk about other things and come back to the main
matter. They were trying to confuse me by asking questions too fast."
Survivors informed that PPs would often be absent on the date of the hearing,
sometimes even if they were in the court, they would disappear at the time of
the hearing.
A parent of a five-year old child shared that the PP was not present during
the cross-examination of the mother, "The PP was just listening. When the
defence lawyer asked irrelevant and uncomfortable questions, the PP was
just sitting there….When my statement was being recorded the PP
disappeared, there was his lawyer and my lawyer, I was handling the situation
alone because the defence lawyer was asking me difficult and tricky questions.
He was asking questions which were not relevant, but I understood why they
were torturing me."
The court experience was particularly frustrating for one of the survivors as
four PPs changed in a year. She said that she had just established a certain
level of comfort and the first PP was responsive, when he was transferred
and the later ones were not at all supportive. The survivor stated that the PP
did not know anything about the case. The previous lawyer used to counter
the opposition lawyer when he said something to discredit the survivor, but
this lawyer did not know anything.
None of the survivors were equipped by the PPs to depose in the court, to
answer questions and deal with cross-examination.
The parent of a five-year old was asked whether they had met the lawyer
before deposing in court. She said, "The lawyer did not explain anything, not
even to my daughter, about how to give the statement. They just took the girl
and made her stand in front of the judge, closed the door and started asking
her questions. She told them whatever happened."
Protection of Children from Sexual Offences Act, 2012 (POCSO), had laid down
a specific procedure and powers to special court for recording of evidence in
The mother of 5-year-old shared, "My daughter's statement was taken thrice.
But I was not informed or asked to be present. If her statement was going on I
should have been allowed to sit with her but they allowed the accused and his
mother sit together behind and I was asked to sit out."
The mother of of a 13-year-old shared, "They did not ask the child anything in
front of We were kept separate. When my daughter was called inside it was in
camera so the judge was there. Lawyers from both the sides, the accused and
my daughter were there. I was not allowed."
Blaming Survivor/Mistreatment
Some survivors reported that the treatment meted out to them was bad and
they were blamed for the sexual violence. Some survivors also revealed
instances of mistreatment at the hands of judges.
A 35-year-old survivor, who deposed for the first time in court was unable to
answer a question by the defence lawyer as she got very scared. She also
narrated how the judge scolded her but no effort was made to create a
supportive atmosphere for her to depose without fear.
In another instance, the defence lawyer compelled the survivor to marry the
abuser on grounds that this would reduce the punishment to the abuser. The
abuser was known to the survivor and common friends kept pressurizing
her to withdraw or settle the case. Building on this pressure, the defence
lawyer told her how the abuser was definitely going to get punished as she
was less than 18 years when he raped her. But he advised her to marry him
so that at least he would be awarded a shorter punishment. The girl did not
understand the implications of marrying the abuser. The lawyer did all this
keeping the parents and the PP of the survivor out of the loop. When this was
reported in court the veracity of her complaint of rape was questioned. It is
only then that the girl realized the implications of what she had done!
A 17-year-old survivor who had eloped with her boyfriend was blamed by
the judge saying that her family had to suffer a lot because of what she had
done; even the lawyer representing her did not trust her and kept asking her
to speak the truth.
There were two cases where the court decisions tended to trivialize the offence
of rape. These have been described below:
In the case of a 16-year-old survivor who decided to get married to the abuser,
the judge did not attempt to understand or make an effort to understand the
The experience of RBK indicates how court decisions may not always ensure
the safety of the child:
RBK's parents had separated and she lived with her father and paternal
grandmother. She used to visit her mother once a week. During one visit, her
maternal uncle sexually abused her by touching her genitals and inserting
his finger into her vagina. She disclosed this to her grandmother and they
reported the matter to the police. The child suffered a lot as her mother trivialized
it and pressurized her to change her statement. Despite medical evidence in
the form of history given to the gynaecologist as well as a clinical psychologist,
she was continuously doubted by her mother as well as the court. The father
requested the court that the child not be sent to the mother's house to ensure
her safety. He submitted to the court that he would take a house on rent close
by where the mother could come and stay with the child once a week. The
court issued an order stating that the mother should meet the child in a house
where her brother would have no access. This was not in the interest of the
child as the child continued to visit her mother. Although the court had ruled
that the mother should meet her in the house where her brother did not live,
the child shared that her uncle visited her when she went to her mother's
house. In fact the child suffered another incident of sexual violence from the
same uncle thus causing more harm and suffering. The court did not consider
any other mechanism such as the CWC to assess the safety of the child or
Delay in Trials
Nearly 45 respondents shared that the first hearing was held within a year. Thirty
of them said that it was held within six months. Amongst these 45, 14 were
children, 16 were adolescents and 15 were adults. In majority of the cases (32)
where the first hearing began within one year, were those who had filed complaints
of penetrative sexual violence. Of those that came up for hearing after one year,
most of them were cases of survivors below twelve. This indicates that the
provisions under POCSO are not being followed. This is a matter of concern.
Frequency Percentage
Within 3 months 4 6.5
3-6 months 26 41.9
6-12 months 15 24.2
After 12 months 6 9.7
NA 11 17.7
Total 62 100.0
*4 Did not file FIR
Many of them expressed anguish over the delay in initiating hearings in the
court. Four of them said that the case had not yet reached the court. Despite
repeated follow ups at the court, five respondents shared that they had no idea
about the court case.
In 19 cases out of 62, the final judgment had been given. Out of these 19 cases,
8 ended in conviction while there was acquittal in 11 cases. In all these cases,
the survivors are below eighteen years of age. All cases of adult women are still
in trial.
Multiple Visits
The number of court visits ranged from not being called even once to being
called 24 times in six months (once very week). Survivors narrated that the
court visits were multiple because sometimes the Public Prosecutor was absent
and sometimes the defence lawyer would not turn up. However, no efforts were
made by the system to communicate that there would not be any court hearing.
Survivors have had to negotiate and request the police to convey that they
could not attend court hearings due to ill health or examinations; but when they
reached the court, the defence lawyer would cite some reasons and again change
dates. This rigmarole got so tiring that a 16-year-old survivor and her family
finally withdrew the case.
Good Practices
Only eight respondents shared that a comforting environment was created while
recording their statement in the court. The statement was recorded 'In camera'
where only the survivor, judge, and lawyers from both the sides were allowed in
the courtroom. Judges made efforts to comply with the provision that expects
them to create a non-threatening environment by vacating the courtroom to
enable the survivor to give a statement without fear. This was done mostly for
children. Only one adult survivor reported that her trial was 'in camera' and
attributed this to the fact that the abuser was a senior advocate. She felt that this
was done not for safeguarding her interests but those of the accused.
Four survivors narrated that Judges intervened and stopped defence lawyers
from asking irrelevant and insensitive questions. In two cases, warnings were
also issued to defence lawyers if they continued to ask such questions.
A 16-year-old who was abused by her boyfriend narrated, "The judge was very
nice, very nice. There were two lawyers from the boy's side who would torture
me about the case. The first was asking me the same questions about how do
you know this boy, what did he do to you? Then the judge told him that why are
you asking her the same questions."
There were six respondents who shared that they got good support from PP in
their case. The support they received ranged from offering immediate emotional
support, preparing survivors for the questions by defence, informing about the
next date of hearing in advance so that the family and the survivor did not waste
a day in the court.
In the case of children, 14% of the respondents reported that the survivors were
scared, became quiet and experienced nightmares for three to four months after
the incident.
"She was scared as she could not forget this. For a long time it was in her
mind (Zehen). She used to miss school a lot (bohotkhadakartithi) - but now
she is ok and goes regularly." (Mother of 14 years)
"Yes, he used to get very afraid, he sat in a corner of house, did not speak
with anyone, he used to cry a lot I used to think how am I going to bring him
out of this phase? I used to feel very guilty (for having failed to stop the
abuse), that I am responsible for his condition, he used to sit in a corner, and
even on TV if there was a mention of word baba (father) he would immediately
curl himself up." (Mother of a boy who was abused by his father, mother was
domestic violence survivor herself).
Also what emerged consistently was that most respondents said that the child
survivors had not forgotten anything, they remembered the incident whenever
there was a call or letter from the police or court. The follow up at the police
station and in courts had been so frequent where the child had to repeat the
incident so many times that there was no way she could forget it and move on.
Parents expressed concern about the number of years the 'case' was going on
and the fact that it prevented the child from moving on.
Parents said that their children got upset when they saw the perpetrator even
after years.
" I feel like erasing it completely from her mind, I can see that she has not
forgotten anything. I saw her searching for information on meditation centre
on the internet" (Mother of an adolescent girl).
".It was constantly on her mind, that episode did not leave her mind at all. All
that happened in the police station, then all that happened in the hospital,-- it
was all too much for her!" (Parent of an adolescent girl).
"She is quite scared, she gets scared even if the phone rings. As soon as
there is a phone call, she will come and ask me-'Do we have to go to court
"That time I did not speak any of this, I used to cry and blame myself that I
was not able to do this (referring to lodging a police complaint). I used to feel
that I am incapable of doing anything about the abuse. So now I feel that, that
excessive crying was also related to depression" (Survivor of marital rape).
I have been in great depression, I was not able to eat, I had no money but by
god's grace I got some people at every stage who used to motivate me, they
were trying to help me come out of depression. So it impacted a lot on my
health, there was hair loss, got some brown spots on my skin, something or
the other was happening. But I am okay now." (Survivor cheated by her partner-
False promise of marriage).
....Now it is better, but in the initial stages, I used to keep the door locked day
and night, now since two years I have started mixing with people a bit. But
before that, those five years I felt that I was in jail because I had shut contact
with everyone. But it is very important to talk to people in such a situation. I
had stopped doing that but if I had not have come out of it, I don't know what
I would have done to myself."
Another adolescent girl committed suicide by burning herself. A boy living in her
neighbourhood forcibly took her inside his house and raped her. Her family
members who were looking for her all around saw her coming out of the house
in that state. Even as the family and others in the neighbourhood caught him and
questioned him, the girl went to her house, poured kerosene and lit herself on
fire. She was in hospital for a month where her dying declaration was taken and
she was provided treatment but she did not survive. The survivor's family feels
that she had no choice but to do this, and by having burnt herself she had
proved her innocence to society and the court also believed her. They did not
express any regret that she had committed suicide indicating the societal
perceptions about rape being the worst thing that can happen to a young girl.
Parents reported behavioural changes in young girls less than twelve, that ranged
from a habit of chewing clothes to touching the genitals to not maintaining any
boundaries with strangers, chatting with them, taking money from them and so
on.
"...Only thing is now her behaviour has changed- she is all the time roaming
around, from here to there. She is out of the house for a long time-three three
(repeated) hours she is out. Keeps playing outside, does not come home- If I
ask she will say, 'I went here and was playing - this happened that happened'. 'I
"Her treatment was going on for about seven months. She used to behave
differently during that period. She used to aks us to shut off the lights and if we
switched them on she used to scream aloud. This may be because she was
kept in a dark room. So after the incident, she never liked to sit in the dark. After
six months, I took her to my native place to my mother's place. We stayed
there for fifteen days. I took her for outings, everybody took care of her and
explained to her that it was her past and that this was her bright present. She
used to scream when there was any noise or if anything fell. She used to recollect
the sound of being beaten."
The incident of sexual violence and the experience thereafter affected some of
the young girls in different ways. One girl found it difficult to cope in school and
her grades kept falling. A young girl said that the taunting she used to get from
neighbours and people around affected her a lot and she would feel miserable
but she decided to focus on studies. When she excelled in her Standard 12
examination, she felt that people changed their behaviour.
It was evident from the narratives of the respondents that they didn't follow up
for the treatment of immediate health consequences at the public hospitals where
the medicolegal examination was done. They felt that the history of rape would
be brought up again. As reported in the chapter on interface with the health
The mental health consequences were untreated. None of those who spoke at
length about the psychological impact of sexual violence on their children, had
sought any treatment/care from a counsellor. Of all the children, only one child
went for counselling for a year post the incident.
Young girls and women reported several reproductive health problems that
remained untreated or treated when unbearable.
Background: A young girl, SRK was raped at the age of seven by a distant
relative who belonged to the same community and lived nearby. The forms of
rape perpetrated on her were penetration of vagina by finger and peno-anal
penetration. She and her sister were playing when the perpetrator called her into
the room and abused her. As her sister could not find her she informed the
mother and everyone started looking for her. They found her but the man ran
away. The girl was bleeding and was in pain. The parents rushed her to a local
doctor who said that they should take her to a government hospital as this was
a case of rape. They rushed her to the nearest hospital where she had to be
admitted as she required treatment. The family and community were shocked
and they stood behind the girl's family in locating the man and also in filing an
FIR. At the hospital, the girl and her mother were provided counselling and
treatment. They were informed about all the procedures ahead and asked to call
the crisis centre in case of any problem. The police found the man and arrested
When SRK's mother was approached for participation in the study to understand
the impact of rape, she was reluctant to speak initially. She agreed to participate
in the interview only after she was convinced that this had nothing to do with the
court or police. She told the counsellor who contacted her that SRK was
absolutely fine and was doing well in school and there was no problem at all.
At the end of the interview, the mother shared that SRK had some white discharge
but she did not go to any hospital as she was worried that they will ask about the
rape case and it would create problems. She also revealed that the girl woke up
at night and could not sleep. After considerable follow up by the counsellor who
repeatedly reassured her that there would be no reference to the police, she
finally came to hospital. SRK was examined and she had severe vaginal infection
that required two weeks of strong antibiotics. The girl was also counselled and
she opened up with her fears and concerns.
This is just one example to demonstrate the barriers in accessing health and
psychosocial services for survivors of sexual violence, especially when they
drop out of the criminal justice system. Dropping out of the system itself is a
Family members of survivors spoke at length about how they helped their
daughters come out of the episode and supported them through the interface
with the police and court. But they spoke of the impact of all this on their own
health.
" I cannot forget the incident that happened to my child. Can't sleep, keep thinking
of what worse could have happened that day if I had not come in time. I am not
scared or worried about her future as I have made her strong," said the mother
of a survivor who has always been stressed or tense. She has suffered TB and
is being treated for a thyroid problem. Her weight is as low as 22 kg.
Another case,
SS's marital family was against filing an FIR. They felt that this would ruin their
'honour' (izzat). The people around her also advised her not to pursue a case as
nothing had happened. The fact was that SS had caught a young man living in
the same building trying to penetrate her daughter. She came back from the
shop in the nick of time and stopped him. But SS was firm that as her daughter
was a five-year old innocent, she should not let the man get away with the
crime. She said, "If my daughter had been older, things may have been different,
but given her tender age where was the question of her asking for it or enjoying
it? So I went ahead and filed the complaint. But it has been five years since then.
It has affected me deeply. I cannot sleep and can't stop thinking about what may
have happened if I had reached few minutes later. How will my daughter survive
in the future when I die?"
The constant community pressure and taunts have affected the families of
survivors, especially the mothers. One of the mothers has high blood pressure
but the survivor is fine.
"I had two heart attacks on the same day, I was told that I can't be operated due
to the nature of blockage. I could not work/cook. Harassment from neighbours
made me attempt suicide - I took poison, doused myself with kerosene, have
been seeking psychiatric treatment as I started beating myself with a belt." She
has thoughts of harming and killing the perpetrator too. She is being currently
treated for the same.
The respondents also spoke about several concerns related to health that the
family had. A mother said that her daughter's vaginal opening has become big
since the incident. This was informed to her by a private doctor and the doctor
told her that it will remain like that.
A survivor said: "…… now also I get scared sometimes and wonder whether I
will be able to conceive after marriage or not."
One survivor felt that she has scant bleeding during periods because of repeated
forced sex.
At the end of the interview, scientific information was provided to the survivors
- that rape cannot affect the size of vaginal orifice in girls as the pelvic muscles
tighten as they grow up and their concerns were laid to rest.
SD shared how her entire struggle to access justice had impacted her positively,
making her more confident:
"You cannot save yourself, how would you save me?", said Chotu to his mother
when she asked him why he did not tell her when the father sexually abused
him for the first time. That was the turning point for SD who was facing abuse for
several years. She was being forced into sexual acts that she did not like in
addition to the physical, emotional and economic abuse from her husband. The
forced sexual acts and demands that the husband made from her made her feel
miserable and she even sought medical advice to find out whether there was a
problem with her. The doctors and counsellors helped her become aware that
this was sexual abuse. But when the husband sexually abused her son, she
gathered courage to file a case of marital rape against the husband. Despite all
documentary evidence, the police tried their best to discourage her. She did not
give up and pursued her case despite all the insensitivity meted out to her,
where the entire system and all those within it seemed to say 'the woman is
lying- bai khota bolte aahe'. She suffered depression but fought on bravely. The
most validating moment for her was when her son said to her that he had faith in
her.
Nearly 45 survivors were students, most in (40) schools and a few (5) in colleges.
Since the time of assault, it has been a difficult time for survivors to continue
their academics. Seven survivors had to quit school after the episode.
The following narration is by a father whose daughter was asked not to come to
school till the court hearing was over. This reveals the deep impact it has had
on the child's education and in their pursuit for justice.
F :Whatever has happened, it was a bad dream and we want to forget about
that. And now we want to focus on her education and her future. That is also
the reason why we took it back (case) as it was a hindrance (badha) in her
education.
The main point and target is that the child and her future are very important.
For example, if we get injured then we may be hospitalized for some days
and the healing option from that injury is a must and what is required for
regenerating it should be available. But if that option is not available or a lot
of time goes into that, then it is not good as her future is getting spoilt then.
And it does not feel good at all.
So therefore we took that decision (of taking back the case) and if we had
applied for reopening for the case, I am confident that we would have won the
case but it would have no meaning… means ----he is punished, but that
would not have benefited us (Usko saja mil gayi to iska labh hoga kya, aisa
kuch nahi hota). It would only be that he would have been punished. His
family also became very soft, they apologized so we said ok. And we need
to take her back towards education. Because, she is already deaf and dumb,
and so her education was very important. So in order to get her back to
education we did this, we put a full stop to all this matter…as court said there
is no evidence.
Impact means, she failed last year so she lost that year and in the second
year also she was kept in torture - they would keep asking her why did you
speak to that boy, what were you doing there , why did that boy come near
you?
Yes
We thought- what are we doing and why are we doing this.- we have to nurture
this plant - if we are giving too much water to it and we are thinking that it will
grow fast then that will not happen. So if we now go for appeal in court and if
her education is affected then what is the use? So it is better that we …
Now they have been set free so they feel they can commit more and get
away.
For survivors who continued going to school, parents/care givers reported that
the child would feel singled out, sometimes remarks were passed by teachers
and other kids and such experiences created a setback.
Only 2 out of 45 survivors received proactive support from their schools. In one
instance, a senior teacher spoke to fellow students about problems arising from
their questions to the survivor and how it impacted her; in another the school,
principal personally assured the parents about the safety of the survivor at school.
Only in one instance, the survivor narrated that she went back to studying with
a focus of scoring high marks which would stop other classmates as well as
those around her from constantly discussing her personal life. However, such
experiences were far and few.
Some survivors found it very difficult to focus on studies and what was being
taught to them. One survivor narrated that despite all all her efforts, the content
of the textbook could not be understood as her mind would keep recalling the
episode. Parents were of the opinion that education was pivotal to becoming
self-reliant. Upon the insistence of her parents, an adolescent survivor decided
to pursue twelfth standard education, though she did not find much relevance in
studying.
SP is 25 years old and the incident of sexual violence took place eight months
ago. She was sexually assaulted thrice by a neighbour. He had made a
video of the act and threatened to circulate it, threatened her about coming
back and that he would kill her son if she refused. She gathered courage
and told her husband after the man sexually assaulted her thrice and also
demanded INR 50000. That is when they decided to lodge a complaint. The
abuser was released on bail and has been harassing them continuously.
The bail order clearly states that he should not be seen in and around the
survivor's residence. Violating this, the abuser has assaulted her husband
and verbally abused SP constantly. They have had to go to the police station
at least 20 times and have done everything they could to stop the abuse. It
ranged from filing several NCs, making an application for cancellation of bail
order, written to the state women's commission as well as appealed to the
Deputy Commissioner of Police too. But the police was not helpful at all.
With no help from the police and constant threats and verbal abuse, the
family is living in threat. SP finds it difficult to step out of the house even for
daily chores. The children have had to miss school, her husband has had to
take off from work to be with the family. The perpetrator threatened SP's
daughters that he would put them in the gutter- such constant threats forced
SP's husband to relocate with the family from a centrally located suburb in
Mumbai to a far way suburb which has affected the quality of education for
the children.
The husband said, "I had two options either to divorce or kill her or kill the
accused- I decided to go the legal way". It has been more than four years
and they continue to live in fear.
Survivors and carers both spoke of challenges at their workplaces following the
assault. In the case of child survivors, often the carers have had to take time off
from work and some quit work altogether. Carers could not disclose about sexual
violence to any one at the workplace fearing loss of employment, or aspersions
being cast on them and their children. However many reported that they had to
take time off from work as numerous follow ups were required at the level of
police stations and courts.
Many reported missing work from a few weeks to months. Considering that
several families belonged to economically underprivileged sections, the
nature of employment was daily wages or having a small business/shops.
With each day taken off, the wages for the day would be deducted from their
income. Those with small businesses or shops had to shut shop for at least
three months. This compelled some families to seek loans from family
members as well as from other sources.
A few working and middle class families mentioned that their family income
was affected because they were not able to invest time and effort into work
as a lot of time was spent in follow ups and yet there was no definitive
outcome for many survivors. There were a few instances when the mothers
of survivors took it upon themselves to follow up as the fathers who were
primary earners could not miss work.
Women as main carers mentioned that though employed, they changed their
routine to ensure that they were with the survivor and that she was never
left alone. In one instance, a mother had to reduce the number of houses
Others had to quit their jobs as the abusers were immediate and close family
and hence they found it pointless to keep the child at any other place except
with them. However, for some families with a very difficult hand to mouth
existence, women reported doing all kinds of odd jobs such as stitching/
mending/couriering so that they had enough money to feed the family for
the day.
Of the 21 adult survivors, only three were employed in the formal sector
while seven were working in the informal sector, some were still pursuing
education. Two survivors expressed that they were terminated after the
information about rape reached the employer and that too without settling
dues. The employers did not want anything to do with the police. A lot of
time and energy was spent by them on looking out for a new job and even if
it meant less pay they had to take these up. In one instance, the sexual
assault was at the workplace and the survivor had to struggle to file an FIR
and move and pick up another job. One of the survivors who was a widow
had the responsibility of earning an income to support herself and her in-
laws who were old and dependent on her even as she fought her own battle
for justice.
Few survivors who were working before the incident, but had left working
expressed how afraid they felt when they left the house and it led them to
actually quit work. This rendered them to be dependent on their natal families
or spouses.
The experiences of survivors of sexual violence and their families bring out the
huge economic setback faced by families leading to reduced income, loss of
jobs and living with such fear that they were not able to get back to work.
Hospitals
Survivors and families reported mixed experiences as far as the health care
response was concerned. On an average, the waiting period for examination
and treatment was a few hours, most said that the required medicolegal
examination was carried out and treatment offered and hence survivors almost
justified the waiting time in the context of receiving care. However, in some
instances, survivors have reported denial of treatment as well as making
treatment conditional to recording an FIR. Despite having an injury which required
immediate medical care, the hospital staff insisted that the family bring a police
requisition; only when the family was able to contact the police, the treatment of
the survivor commenced. On the contrary, even having an FIR often did not lead
to receiving immediate medical care.
As the number of days progressed and the pregnancy went over twenty weeks
the hospital asked the survivor to bring a court order so that they could conduct
a Medical Termination of Pregnancy (MTP) after twenty weeks. The health system
did not recognize "rape" as a medicolegal emergency and insisted on a police
requisition. When the pregnancy was an outcome of rape, the doctors were
empowered by law to carry out the required procedure, but they did not.
Such a response pushed survivors to seek treatment from the private sector
spending thousands of rupees.
In one instance, a survivor required surgery and the family incurred expenses
close to INR 60000. The family had to run from pillar to post to secure the amount
for the treatment.
Here too the private hospitals had an obligation under Section 357 Cr PC to
provide free care to survivors, but they charged for the entire treatment. Though
the law has a provision where the survivor can claim expenses incurred on
health care arising out of sexual violence, the procedure for reclaiming the
expenses is a long procedure, which they cannot afford.
The Police
Most survivors reported having to incur expenses vis a vis the police procedure.
In very few instances, an FIR was recorded immediately after intimating the
police about the crime. All the survivors had to go to a police station to record a
complaint as against the legal provision that entitles the survivor to record a
complaint at a place she finds most comforting. Even after reaching the police
station, the complaint is not recorded in the first instance. Keeping the survivors
waiting, sometimes dissuading and sometimes persuading them not to lodge a
With the passing of POCSCO 2012, even if survivors under 18 years reported
consensual sex, it was considered a crime. In one instance, the survivor's mother
in law reported having to pay INR 25000 to the police as her then 17-year-old
daughter-in-law absconded with her 21-year-old son (Accused in POSCO), After
the couple was found, both sets of parents did not wish to record a police
complaint and also discussed with the daughter that they would let her get married
her when she turned 18 years old. Despite all this, the mother of the 21- year-
old boy could get bail only after paying INR 25000. The couple married later and
it has been a few years into the marriage but the man has to continue appearing
for the court case in POCSCO.
Court Procedures
All the research respondents who participated in the study did so after considering
all possible consequences. As reported in the methodology, a large number of
those who were contacted refused to participate in the study due to various
reasons. The ones who participated did so with the understanding that their
experience would help bring about some change. They had all come for the
interview well prepared, with all their papers and with full commitment in terms of
time. None of them asked the researchers to hurry up or expressed any concern
with the time spent. What was most heartening for the research team was that
each one of them said that they felt better after sharing their experience. They
expressed feelings of hope, relief, satisfaction and unburdening of all their angst.
Most of them, including their fathers cried during the interview and said that
participation in the study was cathartic.
The interviews focused on what happened in their lives right from the incident of
sexual violence, their thought processes post the incident, their considered
decision to report the matter, their interaction with their immediate family,
neighbours and so on. The first point of contact for most of them was the police
system followed by the hospital system and the courts.
As described in the earlier chapters, most of the survivors and their families
had to deal with unfriendly, intimidating and hostile institutions compounded by
isolation, humiliation and hostility from the community. Having relived these
experiences as part of the interview process, the respondents also reflected on
what needed to change at various levels so that the people do not have to suffer.
Nearly all the respondents who had registered the complaint said that they had
decided to report the matter to the police so that the perpetrator did not do it to
anyone else. They said, "He should not do it to anyone", "He should be punished
so that he realizes his mistake", "If we keep silent he will do this to more girls", "If
I don't report my daughter may feel we did not support her". These are some of
their opinions. They had belief in the criminal justice system and never used the
Despite the negative and hostile environment, most of them had not deterred
one bit from their fight for justice. What was most heart wrenching was their
resolve to seek justice, coping with all the institutional biases and prejudices
therein, the isolation and ostracism by the neighbourhood and community at
large, at workplaces and schools.
i. The Police
The police should record what the person is telling them, ask relevant questions
but not keep questioning the survivor. Almost all survivors felt that they were
" The police ask some irrelevant and wrong questions. She has already gone
through so much and suffered, so in such cases, the police should support
women and convey to them that they are with them and support them. But
the police don't do that, instead they ask questions like, 'If this has happened
then where did he touch you?' and ask it many times. I must say that this is
not good at all as she has faced so much and these questions torture her
more. Women who go to the police station go after a lot of thought hoping that
what has happened with them will not be mentioned to anyone but the way
they ask everyone one comes to know….."
"She should not be called again and again to the police station. Whatever is
required should be done on her first visit only. According to me, this needs to
be changed. Why does she have to keep coming to the police station to file
an FIR, why is she made to cry and meet the higher authorities to get the
complaint filed?" - In this context, the respondent added, "Women who want
to report should be made aware that this is how insensitive the police is so
just keep all your honour and shame aside as you will have to keep repeating
what happened."
The respondents spoke about corruption in the police system at length. They
felt that there needs to be a clear direction that the police must not indulge in
'settlements'.
There was an expectation that immediate action should be taken against the
abuser when the incident is reported and in cases of repeated threats.
"She should not be taken for granted, she should be heard and given some
support. Telling her 'Nothing will happen and if anything happens, then dial
100 and the police will come', is ineffective. It does not work, why do you wait
till that stage? Why can't you trust her and take any action based on what she
is telling you?"
The police must be trained to recognize sexual violence as a crime. This would
require a change in their attitude. The respondents said that the police feel that
crimes against women are less important than murders and other crimes.
"Their attitude may be due to their upbringing or because they are also a part
of our society so even they….I have always observed in the high court it can
be seen on their faces 'Bai khota bolte', _Woman is telling lies--- something
of this sort is always seen on their faces."
Specific suggestions:
"There is a camera fixed everywhere, on the roads, in the police station; even
in the cabin of the senior police inspector there should be a camera and it
needs to be watched carefully. In some places, they have installed the camera
but are not making use of it."
"One is that the CCTV at the police stations should not be turned outside but
should be directed at the police only. CCTVs are facing the public, but it is the
police who are taking bribes from under the table which never gets recorded.
They have done this in front of me. I was standing at the police station and the
CCTV camera is coming on me. The police is sitting under the CCTV and he
is taking 500, 500 rupees from them and writing a complaint against me.
Right before me."
Survivors said that the hospitals must prioritize treatment and not insist on police
complaints. The time spent in the hospital for various procedures must be
reduced. They also said that doctors should be supportive and ask questions
sensitively.
"We need lady doctors in those places, swift treatment without delay should
be ensured."
Another said, "Change means the doctor should also be supportive. Now
because this is a Bhabha hospital people over here are good, but all doctors
are not the same, we cannot guarantee how they will treat the patient and what
questions they will ask."
Many were examined in the labour room and one of the mothers said,
"Examination in the labour room should be stopped because when I took her
that time many women were in labour and they were screaming in pain so
she was asking me what was happening to them and she was a little scared I
made her sit in corner and asked the doctor to examine her quickly, but they
said that they needed some time."
One of the survivors who was 22-years-old articulated that hospitals must
maintain confidentiality. All that she wanted was an abortion to move on in life.
But being single, the police and hospital insisted on informing her parents.
"If I could have kept it a secret without telling any relatives, my parents, then
they would have felt the same affection for me, as they used to feel before. I
would have remained in their heart (me tyanchya manat rahile aste). But now
after all this, nobody is behaving with me in the same manner. So that's what
I used to feel, they should not have mentioned this to my family."
There were several concrete suggestions for changes at the court level. To
begin with, there was a suggestion that there should be someone to orient those
who go to court so that they are aware about the rules and procedures.
"Actually those who go to the court should get oriented to some of the rules
beforehand. How things work here, because advocates also charge a lot for
the small things, which we can do at our level. For instance, even if you want
an order copy then you have to give an application. Most people don't know
anything and there is no one to tell."
Sensible questions should be asked in the court by defense lawyers and there
should be some discussion between the Public Prosecutor and the survivor
and her family. This suggestion about the Public Prosecutor is critical as only
one respondent had a positive experience with the Public Prosecutor. Most did
not even understand that the PP was appointed by the government to represent
their case. They felt that there was just no one on their side. Their interactions
were limited to talking to the court clerk.
Tired with multiple visits to the court and the time taken, there was a
recommendation that the court trial should start soon and further procedures
should be done quickly.
Apart from this, there were two other suggestions one for a trained counsellor
and the setting up of cells to provide support for women.
"Yes trained counsellors should be in the court too. Let the trained counsellor
speak to the child and find out. You ask me to go a hospital; it has to have a
trained child counsellor and keep the child counsellor's name confidential.
Who is sitting inside, the name should not be known to anyone. Please keep
it confidential or it will be known to all. Keep things confidential."
"Someone is required for sure - someone who knows the criminal justice
system and also knows how the accused will work. Someone who know all
this, who knows the police and the court system - someone who knows the
court policy, who knows the rights of the victim and the rights of the accused
also. If the person knows all four sides only then it will work."
As most survivors and their families were facing abuse from the accused, they
expressed concern about granting of bail. The suggestions regarding this were:
"Apart from this, make it a law. Once an offence has been registered, your
investigations can be done at a later stage but take the accused into custody
first."
"Yes, action should be taken fast and then the accused should not get bail.
The police take bribes and leave them, but the life of that girl gets affected."
When bail is granted the perception in the community is that he has been set
free
"I think so because people change their mind and talk both ways. For instance,
if the girl is unmarried and if her marriage is fixed, then they try to break that
marriage. So it is important that they should be kept in jail. They have already
ruined her life and by doing this they create more problems in her life plus her
parents honour also gets affected (ma, baap ki ijjat kharab hojati hai na), they
are not in a state to show their faces to anyone because of this."
."…..in our system, one has to run too much for follow up (bahut bhagna padta
hai). One accepts this. But the problem is that there are several tedious
procedures and loopholes (chakke panje) such as, 'This is required, that is
required, this has to be done this way, etc etc….' and in all this a lot of time get
wasted. The main point and target is that the child and her future are very
important. For instance, if we get injured, we may be hospitalized for some days
and the healing option is a must. What is required for regenerating should be
available but if that option is not available, or a lot of time goes into that, then it is
not good as her future is getting spoilt. And it does not feel good at all."
This articulation from the father of a child with disability depicts the concerns of
most of the parents. They want the child to move on and focus on the future, at
the same time the court procedures require her to remember every bit of what
happened accurately. They found themselves torn between healing the survivor
versus pursuing the case as they found the two contradicting each other.
"There should be one team formed who can take stock of how many cases are
filed and what is the progress on those cases and they should meet people
personally, that is, those who have filed these cases and get the feedback about
the response they are getting from the police. If this happens, it will be very good
…..It should at every place, in hospital, court, police station everywhere this
system should be there."
"There is a need to create safe places for children to prevent sexual abuse."
As an example, the respondent said that private tuitions and schools should
ensure that toilets are easily accessible so that girls do not have to go long
distances and make themselves vulnerable.
Changing mindset
"People who have suffered should be supported and accepted by society. They
should accept that these people are also from our society and if we don't support
them, then who will support them? And if anything happens to anyone then do
they become dirty? ….(unpedaag lag gaya?), It is not like that. I don't think so.
In my opinion, they had that much courage that they went to the police and
made a complaint."
"So I just want to say that neighborhood people should understand and try to
help. If they cannot help then they should not trouble them or kill their spirit or
compel them to commit suicide. My daughter was strong. She became
independent, stood on her feet. She took care of me and her brother as well.
She studied as well as earned, she was strong."
These expressions are pointers for the urgent need to work at the community
level to change the mindsets of people about sexual violence. Recognizing and
reporting it has been the focus of most awareness programmes but there is
need to go beyond and speak about the criminal justice system. Demystifying
the medical and court procedures is a must. The negative medical report, the
granting of bail and the acquittal needs to be put in perspective. Such information
and knowledge building would go a long way in changing community perceptions
and reduce victimization of those who show the courage to seek justice.
This study is the first of its kind as it systematically enquires into the impact of
reporting sexual violence on survivors and their families. It is widely acknowledged
that sexual violence is highly under reported and so the ones that are reported
are probably the tip of the iceberg. Recent evidence based on the NCRB data
found that fewer than 1.5% of the victims of sexual violence in India report their
assaults to the police, though there is some indication of increased reporting of
incidents of rape to the police following a very high-profile fatal gang rape in
Delhi in December 2012.5 A similar observation has been made in a CEHAT
study based on hospital records that found that the numbers had increased
threefold post the incident in Mumbai.6 However, the conviction rates remain
as low as 18% (NCRB 2016).
It is also known that survivors who come out and report rape are fewer in number
than the ones who do not speak out due to "family honour". Rape is seen as a
loss of honour and not as violence inflicted on women. "A woman is losing her
chastity/modesty/honour"," "rape being worse than death", are notions that are
deeply patriarchal. These focus on individual women and do not recognize the
use of sexual violence as a systematic tool to oppress and silence women.
These notions also create stereotypes of good and bad victims. A woman's
character, her past relationships, whether she reported rape immediately or
after, whether she had any marks of injury on her (did she struggle enough), and
many such biases and prejudices are deeply entrenched in the way society as
well as institutions respond to her. Rape is not about sex. It is about display of
masculine power. Rapists are created by a society that devalues women and
promotes rape culture. It is widely known that over 90% of rapists are known to
the victim and are mostly partners, family members, neighbours or relatives.
The notion that it is the working class migrant men in urban areas that women
need to beware of is problematic.
5
McDougal et al., Releasing the Tide: How Has a Shock to the Acceptability of Gender-Based Sexual
Violence Affected Rape Reporting to Police in India? Journal of Interpersonal Violence, 1-23, 2018.
6
Understanding dynamics of sexual violence, study of case records, CEHAT 2018.
The study is significant as it brings to the fore what is happening to those who
report the incident of rape. It was conducted in 2017 when many of these directives
had been implemented. Of the 66 respondents, two had decided not to enter the
criminal justice system but focused on the safety and well-being of child survivors,
one decided not to proceed after the hostile response of the police and hospital,
and two others did not go ahead as the perpetrator could not be found. However,
the rest of them had gone through the entire process or were in the process
when they were interviewed. They all wanted justice and as they put it, "He
should be punished for what he has done. He should be punished so that he
does not do this to anyone else".
The experiences of the research participants reveal that surviving sexual violence
is gruelling and the entire family suffers at various levels due to the prevailing
attitudes of various stakeholders and the rigmarole of the system. The study
makes an important contribution in terms of evidence on how the multi-level
ecological factors affect survivors and their families. What emerges is the impact
of secondary victimization that survivors and their families have to cope with.
Secondary victimization refers to the behaviour and attitude of social service
providers that are "victim-blaming" and insensitive, and which traumatize victims
of violence who are being served by these agencies. Institutional practices and
values that place the needs of the organization above the needs of clients or
patients are implicated in the problem. Even very basic expectations from the
police such as registering the complaint immediately, being treated with dignity,
being taken seriously when they report continued threats and violence by the
perpetrator were not met. Calling them repeatedly to the police station and asking
them to repeat what happened, was a common experience. The health system
did not create a conducive environment for all survivors. The court experience
was overwhelming for most as they were left to themselves to deal with the
criminal justice system and its procedural rigmarole.
This retraumatization burdens the survivor and her family, increases stress
and prevents recovery from rape as evidenced in the on-going trauma and
health consequences that the survivor and/or her family members are still
suffering even after four-seven years of the incident. The respondents strongly
recommended the need for a support person to handhold, explain the various
steps in the CJS, and help them navigate the system.
The relationship with the abuser had a bearing on the mental health of the survivor.
In cases where the abuser was an intimate partner, survivors suffered a
psychological impact including suicidal ideation and attempts at suicide. For
those who were sexually abused by intimate partners, the feeling of betrayal
and being cheated was deep. And so was the feeling that the perpetrator must
be punished. Even as one questions 'false promise to marriage' as rape, the
survivors' narrations highlight the cycle of violence that they were entrapped in.
Similarly, those survivors and their family members who had to live with continued
threats from the abuser and/or his family, reported high stress levels and 'living
in constant fear and anxiety'. The sexual nature of assault was a major barrier
in accessing health care, especially reproductive health services and it also
caused acute anxiety amongst young girls about whether the future partner
would come to know about the incident, whether she would be to bear a child
and so on. We could not speak directly to children but parents spoke about how
they had helped them cope with it.
At the micro level, the study looked at the response of the immediate and
extended family members. It was found that the family was supportive to children
and adolescents. They tried to create a safe and healing environment for the
children but restricted their mobility in many ways. The notions of 'good girls' do
not spend a lot of time outside the house, layered clothing7 for pubertal girls
were reported by some.
7
Young girls are often asked to wear several layers of clothing to hide the pubertal changes in the body to
avoid male gaze.
The notion that 'punishing the accused' was the only way that society will believe
that the survivor was 'telling the truth' was deep-rooted to such an extent that
the families dreaded a negative court outcome. This was stronger amongst adult
women and adolescent girls due to the victim blaming that they had to encounter.
A young woman burnt herself and her brother perceived this as the only option
and right step taken by her, which ensured justice for her.
At the meso level, the study looked at the response of the police, hospital and
court. It was found that all three institutions were hostile and tough to navigate.
The rape survivor was doubted and seen with suspicion from the police station
to the court. Registering an FIR, which is the first step towards accessing justice
was an arduous process. The negative experiences in these institutions had a
long-lasting impact on the survivors and their families.
They had to face victim blaming at all institutions and it was disturbing that very
few had positive experiences with the police and courts. The only exception
was hospitals where most did not report negative experiences, which can be
attributed to the presence of a crisis intervention department in these hospitals
that brought them in touch with a counsellor/social worker who helped them
navigate the system. Similarly, a few had support from NGOs, which was crucial
in mitigating problems with the police and/or accessing other services. The
experience of the young girls who were forced to runaway with their boyfriends
due to domestic violence from their natal families, highlights the ordeal of what
the couple has to go through because of the criminalization of consensual sex
amongst adolescents. This requires urgent amendment in law.
At the chrono system, the study explored the impact of other forms of
discrimination. The study found that some of the survivors had to face multiple
traumas such as abuse from more than one person, continued abuse and threat
from the abuser, which had a debilitating effect on them. These were survivors
who also experienced severe violations at the level of the police station and
courts, which compounded the matter and made it more difficult for them to
carry on their daily tasks and live with dignity.
Class, gender, caste and community deeply impact the reporting as well as the
consequences of reporting. The responses of the formal and informal systems
to survivors and their families explored in this study are enmeshed in the way
class, caste and community of the survivors as well as abuse interplay. It does
The experiences of survivors and their families with the community and the
criminal justice system reflect the deep impact it has had on their lives. Efforts
being made to make these less arduous do not seem to have made much
difference. In fact, the respondents spoke vividly about the changes they
recommend at the level of the public institutions, the change in societal attitude
to rape and the support that they need. It is this aspect that requires thought and
action and we need to conceptualize services for rape survivors to make them
more relevant and effective. For example, the positive experience of survivors
in the hospitals was due to the presence of a crisis intervention department.
Although the counsellors offered continued support to the survivors, following
up with them after hospital visit was difficult. The circumstances were such that
they could not come back to the hospital's crisis intervention department. Most
of them were lost to follow up. Of all the women who had come to the hospital,
contact could be established with only 25% of them. Of the 66 who participated
in the study, 30 required support and intervention but they had never contacted
the counsellor or expressed the need in any earlier follow up call. So one very
clear need is that all the three institutions - the police, hospital and court, have a
crisis intervention /counselling department that provides support to every rape
survivor.
It is certain that much more needs to be done to help survivors and their families
to overcome the trauma that they experience every day. Justice therefore is not
just punishing the abuser but ensuring that the survivor is able to live with dignity.
Awareness about rights and procedures right from the time a rape is recorded
till the court outcome, will make the journey of survivors in accessing justice
bearable. As is evident from the study, there is a need to create awareness
about the rights of survivors, demystify the procedures and create mechanisms
for seeking redress in case of any violation of right. This will enable survivors to
enter the criminal justice system and mitigate the insensitive and callous response
of duty bearers. The socioeconomic consequences of reporting rape also need
attention - ensuring access to compensation, support in accessing other welfare
schemes, hostels for children, skill building/vocational training, services for
persons with disabilities, are other needs that must be prioritized along with
pursuing the case in court.
What the study also brings to the fore is the response of the informal system
such as the neighbourhood and larger community that survivors and families
have to cope with, which can be hostile irrespective of the form of sexual violence.
It calls for awareness and change of attitude through focused interventions at
multiple levels. Along with creating awareness about forms of sexual violence, it
is also critical to question the rape myths and work towards inducing confidence
through affirmative messages.
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Informed Consent 1
Namaste,
Now, how are you? What are you doing these days? Where are you staying?
Any concerns related to the incident?
CEHAT has been working with the MCGM since 2008 to provide comprehensive
health care to all survivors of sexual violence. Since then more than 720 survivors
have benefited from this work. We now want to speak to all these survivors and
with their help, understand their experiences of interfacing with formal agencies
such as the police, hospital, public prosecutor, courts and informal agencies
such as family, community. From the time they reported the incident of sexual
violence, we would like to know all their positive and negative experiences. We
want to understand how this incident has impacted their physical, mental health,
their work/employment and their relationships.
We are now conducting a study to understand the experiences of all the survivors
and their families, with the hospital, police, lawyers and courts and also their
experiences with the immediate and extended family and community. We are
documenting the positive and negative experiences from the time of reporting
the incident of sexual violence and the impact of the incident on their physical
and mental health, on income and employment and relationships. We want to
understand this from the perspective of the survivors. Based on the study, we
will make efforts to bring about the necessary changes at the institutional levels
so that all survivors are able to access these services with dignity.
Through this study, we will ask you some questions related to your experience
with the hospital, police and legal system which will require about one hour of
Your experience is valuable but the decision to participate in the study or not is
completely yours. Your refusal will have no bearing on the services we provide.
We assure you complete confidentiality, your name or other identifiable details
will not be revealed in the report or other material that is published.
As you have travelled all the way for this interview, we would like to compensate
your time and travel cost by giving you INR 300 as a token.
If you have any questions, please do ask me or if you want to contact us later
you can call us on the numbers given below.
Sangeeta Rege,
CEHAT, Aaram Society Road, Vakola, Santacruz East, 55, 9029073154
If you have any questions about this process or doubt, you can call
Dr Anant Bhan at 7747012060or 94 201 601 70, iec@cehat.org.