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

In a significant development, the Kerala High Court has notified a list of directions to the State authorities to set up a gender-neutral victim protection protocol to ensure that all survivors of sexual abuse are empowered and encouraged to approach law enforcement agencies.Justice Devan Ramachandran issued the directions to secure the effective execution of the mechanisms already. In a significant development, the Kerala High Court has notified a list of directions to the State authorities to set up a gender-neutral victim protection protocol to ensure that all survivors of sexual abuse are empowered and encouraged to approach law enforcement agencies. The Court issued the following directions to ensure that the policing systems and investigating mechanisms work in synergy: The government will, in addition to the steps taken earlier by it, continually publicize the toll free number '112' as an emergency support system to be known to every citizen, so that the survivors of child abuse or sexual assault can access it whenever required; Every survivor must be encouraged to access the aforesaid toll free number or the police control room number '100'; and on such intimation being received, it will be fed into a digital system, to be then brought to the notice of the jurisdictional police station, for necessary steps under Section 154 of the CrPC. On intimation of a sexual assault or child abuse being received by the toll free numbers, the police control room or the jurisdictional police station, will take immediate steps to contact the survivor either personally or through phone without, however, summoning him/her to the Police Station; While taking the statement of the survivor, mandatory provisions of Section 157 of the CrPC, namely, that same be recorded at his/her residence or in the place of his/her choice and as far as practical, by a police officer in the presence of his/her parents/guardian/near relatives or social worker, should be scrupulously complied with; On the FIR being so registered, the investigating officer should immediately assign a 'Victim Liaison Officer' in terms of the applicable circulars issued by the State police chief, who shall then contact the victim immediately so that he/she will feel safe and protected, being sure of such support; Simultaneous to the registration of the FIR or at the time when the Victim Liaison Officer is so assigned, the investigating officer will disclose to the victim the numbers of the 'One Stop Crisis Centre' and that of the 'VRC', so that they can involve themselves and ensure that the victim suffers no further traumatisation and obtains the best psychological support and succor which, indubitably, is the sine qua non for the reparatory process of the victim's psychological trauma; The authorities concerned will ensure that the victim has constant access to the Victim Liaison Officer and to the 'One Stop Crisis Centre/VRC' and that this is made available 24 hours a day, at any time the victim requires it during his/her most difficult times; The 'One Stop Crisis Centre'/'VRC' should offer not merely psychological assistance to the victim, but also legal support as may be required and will actively promote his/her return to normal life, through every possible facilitation as may be warranted.