Kerala HC Issues Directions for Effective & Gender-Neutral Victim Protection Protocol for Sexual Assault Survivors

Shashwati Chowdhury

Published on: July 23, 2022 at 19:15 IST

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 is a noteworthy development that the Kerala High Court has notified to the State authorities.

In order to ensure the efficient execution of the mechanisms previously established for the benefit of the survivors, such as the toll-free number 112, 24/7 access to crisis centres, and legal support, Justice Devan Ramachandran issued the directives. The Judge also made a comment about the depth and complexity of a sexual assault survivor’s distress, adding that it has to be defined.

The court was adjudicating regarding a plea from a survivor of a sexual assault who alleged that the accused and two police officers harassed her. After multiple cases involving survivors requesting police protection came before the Bench, the Court became concerned about the matter. According to the report provided by the Assistant Commissioner of Police, a victim’s liaison officer had been selected for the survivor in accordance with established protocols.

She nevertheless had to make repeated trips to the police station without the presence of the said officer. In order to end her pregnancy, which was a result of the sexual assault she had to endure, she had gone to the police. The liaison officer ignored the survivor when she sought her for guidance, which the court considered to be disappointing.

At this point, the Court had emphasized on the State’s inadequate victim protection system and lack of implementation of it for sexual assault survivors.

It was made clear that these directions are not exhaustive and that suggestions are welcomed.

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