Sexual assault most traumatic, says Kerala HC; directs govt to promote '112' helpline

Justice Devan Ramachandran issued the order on a petition filed by a victim against the police that they insisted to settle and compromise with the perpetrator.
For representational purposes. (Photo | EPS)
For representational purposes. (Photo | EPS)

KOCHI: Emphasizing the need to protect the rights of sexual and child abuse victims, the Kerala High Court on Friday directed the government to continually publicize the toll-free number ‘112’ as an Emergency Support System to be known to every citizen, so that the victim can access it whenever required.

Justice Devan Ramachandran issued the order on a petition filed by a victim against the police that they insisted to settle and compromise with the perpetrator.

The court said that every victim of sexual assault and child abuse must be encouraged to access the afore 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.

The court also recorded the submission of the government that calls made to the toll-free numbers will only be attended to and responded to by well-sensitized and trained personnel, who will make sure that the victim is given sufficient support from the inception, until the time she/he requires it thereafter.

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 victim either personally or through the phone without, however, summoning him/her to the police station.

The statements of the victim should 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 and near relatives or social worker.

On the FIR being so registered, the investigating officer will forthwith assign a ‘Victim Liaison Officer’, who shall then contact the victim immediately so that he/she will feel safe and protected, being sure of such support. The authorities concerned will ensure that the victim has constant access to the victim liaison officer

The court observed that sexual assault is the most traumatic of criminal victimization. While most crime victims find it difficult to discuss their ordeal, sexual assault victims find it particularly painful- because they are intensely traumatized not only by the humiliation of their physical violation but also by the fear of stigmatization, derision and ridicule from the community and society.

"The aftermath of a sexual offence involves a cluster of acute and chronic physical and physiological effects and it is crucially important that the victim receives comprehensive care and support. Most often, the terror and shame take the victim; the cage is locked; the curtains down and memories carve into flesh, that will leave scars long past being healed," observed the court.

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