What are rights of rape survivors in India?

Trigger Warning: This post contains information about physical and sexual abuse which some readers may find disturbing.

The Madhya Pradesh High Court has issued a show-cause notice to a trial court for disclosing the name of a rape victim in its verdict.

What is rape?

Rape is the crime that occurs when a man has sexual intercourse with a woman against her will or without her consent.

What is the punishment for rape?

The punishment for rape is imprisonment for ten years to life imprisonment, along with a fine.

When the survivor is below sixteen years, the punishment is imprisonment for twenty years to imprisonment for the rest of the perpetrator’s life, along with a fine. 

If the survivor is below twelve years, the perpetrator can be given the death penalty. The fine should be just and reasonable to meet the medical expenses and rehabilitation of the survivor, and is paid to the survivor.

Does the survivor have any specific rights?

Yes, the rape survivor has several rights:

1. Right to privacy: The name and details of the victim are not disclosed by the court since she has the right to privacy and dignity.

1. Right to be forgotten: Media houses are banned from publishing the personal details of the victim.

1. Presumption of truth: The testimony of the victim is considered to be prima facie true, and the burden of proof is shifted to the accused to establish non-occurrence of rape.

1. Right to medical examination: The medical examination of the survivor is conducted only with her consent by following necessary procedure.

1. Right to in-camera trial: The survivor has the right to an in-camera trial, without needing to be examined in open court in front of her alleged abuser.

To know more, read here.