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If you are facing harassment and violence, some of the laws you can use while filing a complaint are based on your gender identity.(( It is the intrinsic sense of being a male, female, transgender or trans sexual person.)) Since there are only three recognized categories(( Navtej and NALSA)) under the law which are ‘male’, ‘female’ and ‘third gender’ (transgender persons), the laws that apply to you also depend on which category you fall under.
It will be helpful for you if you know what laws can help you while filing an FIR. You can take the help of lawyers and NGOs so that you do not face harassment by police officers.
The question of whether or not you can file a complaint under the law will be dependent on the type of violence you have faced:
Sexual Violence
Sexual Violence may be of various kinds like rape or sexual crimes such as inappropriate touching, stalking etc. As per the law, you can only file a complaint with the police if you are a woman. Even though trans women, regardless of whether they have had a gender affirming surgery or not, have a right(( NALSA 55,112, Anamika v. Union of India, WP (CRL) 2537/2018.)) to file an FIR, if you face any trouble while registering your FIR, it is better to take the help of a lawyer to prevent any harassment or violence by the police. Men or trans men cannot be victims of sexual violence under the law, so the alternative for you is to file an FIR with the laws on physical violence as explained below.
Physical Violence
If you have been injured or hurt or someone has locked you up or physically prevents you from carrying on your day-to-day activities, then you can file an FIR against your harasser if you are a man, woman or transgender person.
Psychological Violence
If someone threatens to hurt you, blackmails you for favors or money then you can file an FIR against your harasser if you are a man, woman or transgender person.
Online Violence
You can complain against any form of online harassment and violence which may be sexual, psychological or computer related crimes such as hacking, impersonation etc. if you are a man, woman or transgender person.
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To collect evidence you can keep the messages or photos/videos received from this number. You may document or record any communication where the person is harassing you.
1. If the person is harassing you through accounts on Instagram or Facebook, you can report that person on the Instagram or Facebook app/website itself: https://help.instagram.com/547601325292351
2. You can file an online cyber complaint at the National Cyber Crime Reporting Portal (https://cybercrime.gov.in/). The website provides instructions as to filing the complaint and the documents necessary for it.
3. You can also call 1930, the national cybercrime helpline number, to report your problem. You can call on the police helpline number 100. In case you are a woman, you can also call the helpline number 1090 (National Woman Helpline) or 181 (Abhayam Helpline) or your state’s helpline number related to the same, which can be found at https://www.indiacustomercare.com/women-helpline-numbers.
4. If you want to file a complaint at the cyber cell, you will have to either: File a complaint online with your respective state’s Cyber Cell website or Approach the police station where you will have to file an FIR which will be forwarded to the Cyber Cell.
5. Section 79 of BNS: If you are a woman and this person tries to say any offensive words, or violates your privacy, you can file under Section 79 of BNS.
6. Section 75 of BNS : If you are a woman and this person is making sexual remarks or sending you pornography, you can file under Section 75 of BNS.
7. Section 67 of the IT Act: If this person is sending you obscene content or pornography, then you can file under Section 67 of the IT Act. You can do this regardless of being a man or a woman. You can approach any cyber cell, police station, the National Commission for Women, or POSH Committee as well depending on the relevant facts and circumstances.