News of custodial torture and death is rising to alarming proportions. Investigations should be done by the police in such a manner as to make the investigation effective and purposeful. Hence it becomes all the more important for women to know their rights when the inevitable thing happens in their life.
At the time of arrest:
Women have the right
To know the reason behind their arrest.
Not to be handcuffed. Handcuffs can be used only with the order of Magistrate
To choose, and ask for their own lawyer.
To access for free legal counsel, in cases where they cannot afford a lawyer.
To demand that they be produced before the magistrate, within 24 hours of their arrest.
In the POLICE STATION:
The rights of women in the police station are as follows. They have the right to
To demand that they should be placed in a separate lockup for women.
To be treated with human dignity. It is illegal to use any kind of force against women.
To ask a Magistrate for medical examination, in case of being beaten, abused or tortured by the police.
To ask for and be medically examined by a lady doctor only.
During Interrogation:
Women need not be undermined by the interrogation procedure at the Police Station.
Women have every right
To refuse to be taken to the police station or anywhere else for interrogation.
To agree to questioning only at their residence and in the presence of their family members.
Refuse to send children below 15 years of age. Such children cannot be called to police station for interrogation.
When searched on suspicion:
Even when a women is suspected and searched, she is within her right
To demand that she be searched only by another female in a decent manner.
To search the police woman who might search her.
When filing first information report:
At the time of filing of the First Information Report [F.I.R], women have got certain privileges which she could use for her safety. Thus, she can
Demand that her FIR be registered.
Have friends or relatives accompany her at the time of filing of FIR.
Read the FIR, or ask someone else to read it for her before signing it.
Receive a free copy of FIR.
Approach any senior police officers or the Area Magistrate if the police refuse to register her FIR.
Know about bail:
Normally, there are two kinds of offences – (1) Bailable and (2) Non-Bailable. Every woman has the right to know whether she is being arrested for Bailable or Non-Bailable offence.
If it is a Bailable offence, she must be released on bail by the police.
If it is a Non-Bailable offence, she has to go to the court for Bail. Only a Magistrate can release her on bail.
Remember, she is not required to pay any money for getting Bail neither in the police station nor in the court.
Empowering Women
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