Kerala High Court Invites Suggestions From Lawyers To Shield Sexual Assualt Survivors From Further Trauma During Investigation

The Kerala High Court on Thursday reiterated its stand that survivors of sexual assault have to be thoroughly protected from further harassment or ridicule as it takes a lot of courage to come forward and say they have been attacked, and invited recommendations from all lawyers on how they can be protected from further trauma on account of the investigation process.

While considering the plea of a survivor who alleged harassment from the accused as well as certain police officers, Justice Devan Ramachandran orally remarked:

"Even though there are protocols in place to protect and support such sexual assault victims, tragically many a times these are found to be not effectively implemented...It always takes a lot of courage for a victim of sexual assault to make a complaint. Yet in some cases, accusations are seen to be made against her on account of the process of investigation, which further traumatise her and subject her to harassment and ridicule."

The Court made it clear that this should never happen and that such situations need to be arrested.

"We should ensure all the victims of sexual assault are fully protected and that the full might of the law is behind them," it added.

The Judge also stated that it was not a petty matter and that the principles of confidentiality were in place to ensure that the victim is not subjected to public gaze at all.

The observations came on a plea for police protection, by a survivor of sexual attack alleging harassment not just from the accused but also from two police officers.

During the earlier hearing of the matter, Advocate Dheeraj Rajan appearing for the petitioner and submitted that the Station House Officer and a civil police officer attached to the Thrikkakkara Police Station were acting in collaboration with the accused in the case of sexual attack against her and that she has therefore been forced to go into hiding.

The Court had then voiced its concern regarding the increasing number of sexual abuse and rape survivors seeking police protection, given the incompetent implementation of the victim protection guidelines.

Later on, the petitioner had approached the police numerous times to terminate her pregnancy which was an aftermath of the sexual assault she had to endure. However, it was contended that steps were taken only after she moved the court on that issue. The Judge found it rather disappointing that the liaison officer failed to support and guide the survivor when she approached her seeking help.

Today, when the matter was taken up, the court added that once a woman makes a complaint of sexual assault and an FIR is lodged, she should not have to go back to the police station for anything else. Whether the allegations in the complaint are right or wrong are immaterial and to be considered at the time of trial, the court added.

Although the Judge was set to dictate judgement on the woman's plea today, as the Government Pleader sought more time, the matter has been listed on January 12.