0 Surviving Sexual Violence N DT 29-09-2020

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The key takeaways are that the study aims to understand the experiences of survivors of sexual violence and their families with various institutions like hospitals, police, courts, as well as their communities and families. It documents both positive and negative experiences from the time of reporting the incident until its impacts on health, employment, education and relationships.

The purpose of the study is to understand the experiences of survivors of sexual violence and their families with the hospital, police, lawyers and courts. It also aims to understand their experiences with immediate and extended family and community. The study documents these experiences to identify areas for improvement in order to ensure dignity and access to services for survivors.

The study is being conducted by the Centre for Enquiry into Health and Allied Themes (CEHAT), which is a research centre of the Anusandhan Trust. CEHAT has been providing counseling services to survivors of sexual violence in partnership with the Municipal Corporation of Greater Mumbai (MCGM) since 2008.

Surviving Sexual Violence

Impact on Survivors and Families

Researchers: Counsellors:
Padma Bhate-Deosthali Aarthi Chandrasekhar
Sangeeta Rege Sujata Ayarkar
Sanjida Arora Chitra Joshi
Prachi Avlaskar
Rajeeta Chavan
Amruta Bavdekar

Centre for Enquiry into Health and Allied Themes (CEHAT)


Published in 2018-2019

For copies of this report, please contact:

Centre for Enquiry into Health and Allied Themes (CEHAT)


Survey No. 2804 & 2805
Aaram Society Road,
Vakola, Santacruz (E).
Mumbai - 400055
Tel.: (91) (22) 26673154, 26673571
Fax: (91) (22) 26673156
Email: [email protected]
Website: www.cehat.org

Citation:

ISBN : 978-81-89042-81-3

This publication does not have any copyright. Any part of this publication can be
reproduced but not for commercial purposes. All credits need to be acknowledged.
If the report is reproduced for any purpose or posted on any website, the publisher
should be informed.

Cover design by: Poornima Burte

Layout designing: Pradeep Kapdekar

Printed at:
Satam Udyog
Parel, Mumbai-400 012.
Contents

Foreword ............................................................................................... v
Acknowledgements .............................................................................. ix
1. Introduction ........................................................................................... 1
2. Conceptual Framework and Research Design .................................... 7
3. Research Participants - A Profile ........................................................ 15
4. Interface with Community and Family .................................................. 29
5. Interface with the Police ....................................................................... 45
6. Interface with Hospital Systems ........................................................... 63
7. Interface with the Court ........................................................................ 75
8. Effects on Health, Work and Education ............................................... 89
9. Survivors' Recommendations for Change ........................................... 111
10. Summing Up ......................................................................................... 121
References ................................................................................................. 131
Annexure 1 Informed Consent Letters ....................................................... 139

Surviving Sexual Violence / iii


Surviving Sexual Violence / v
Surviving Sexual Violence / vi
Surviving Sexual Violence / vii
Acknowledgements

We are indebted to the survivors and their family members for agreeing to speak
with us and trust us to narrate their experiences.

We thank the members of the Institutional Ethics Committee: Dr.Anant Bhan,


Dr.Nilangi Sardeshpande, and Dr.Surinder Jaiswal, for their deliberations and
we hope we have been able to set standards for conducting ethical research on
sexual violence safeguarding rights of the survivors. We acknowledge support
of CEHAT's Program Development Committee (PDC) Dr.Padmini Swaminathan,
Dr.Vibhuti Patel, Dr. Padma Prakash, Dr RenuKhanna and Dr. U. Vindhya for
their review of the research project at all stages including the final report. In
particular we thank Professor Padmini Swaminathan for her incisive comments.
We are grateful to Dr Manisha Gupte for her nuanced review that helped us
greatly with presenting findings of this report sharply.

Acknowledgment is due to Ms Sudha Raghavendran for editing the study report.


A special thanks to PoornimaBurte for designing the cover page of the report
and to PramilaNaik for her support in printing of the report.We thank Azim Premji
Philanthropic Initiative for financial support to this research study.

Surviving Sexual Violence / ix


1. Introduction

India witnessed a massive campaign in the wake of the rape and murder of a
young health professional in December 2012. This compelled the Government
of India to take cognizance of sexual violence. One of the immediate responses
by the state was to set up the Justice Verma Committee (JVC), which produced
a report within a month with clear recommendations about what needs to change
within various institutions in order to respond sensitively to survivors of sexual
violence and guarantee justice and care for them (Verma et al.,2013).This was
followed by critical changes to the rape law in the country through the Criminal
Law (Amendment) Act (CLA), 2013 which expanded the definition of rape to
include all forms of sexual violence thus recognising non peno-vaginal sexual
assaults (Bhate-Deosthali & Rege, 2015). The law retains the exception that
excludes marital rape from the offence of rape. The concession made by CLA
2013 was to extend the purview of rape to any wife living separately, though
entailing a lighter prison sentence. CLA 2013 expanded the categories of
aggravated rape beyond the precincts of the police station, jail, hospital, remand
home, women's institution, to include areas under the operation of armed forces,
rape by a person in a position of trust or authority or control or dominance or
during communal or sectarian violence.1 CLA 2013 did not classify caste as a
specific category, even though impunity for sexual assault of Dalit women is
endemic (Dubey, 2014). Evidence suggests that transgender persons and men
are often subjected to heinous sexual abuse and assault, particularly at police
stations, jails, during caste atrocities, necessitating the introduction of specific
crimes of sexual assault, for their protection. Women's groups have resolved
that they would continue to engage with the State to bring in the changes that
they felt were necessary (Butalia, 2015).

1
Sec. 376(2)(g) IPC has for the first time been invoked in cases of gang-rape of Muslim women during the
Muzaffarnagar communal attack of September 2013, when clashes between Muslims and Hindus left 62
dead and many injured and displaced.( Initially the 7 FIRs of gang rape were registered under S. 376 D IPC
(Gang rape). It was only after the victims filed a Contempt Petition in the Supreme Court (Contempt Petition
Civil No.479/2014) alleging malafide in investigation that this provision was added by the police. See also:
Neha Dixit, "Shadow Lines", August 4th 2014 available at: http://www.outlookindia.com/article/Shadow-
Lines/291494)

Surviving Sexual Violence / 1


According to the National Crime Records Bureau (NCRB), an office located in
the Ministry of Home Affairs, after the changes initiated in laws, there was a
56.3 percent increase in the number of criminal complaints reported to the police
in 2016 (389474) over 2012 (24923). The law brought in crucial procedural
changes and new remedies to make the system responsive to enable survivors
to access legal redress. There have been recommendations for restorative justice
to victims through state compensation schemes, medicolegal guidelines by the
Ministry of Health and Family Welfare (MoHFW) and Standard Operation
Procedures (SoP) for the police (PLD, 2017). The state of Delhi pioneered in
setting up child friendly courts that issued guidelines for creating an enabling
environment in the courts for child survivors. These were positive steps towards
reducing the hostility of various institutions such as the police, hospitals and
courts towards rape survivors and their families. The law also has provisions
for punishing the police and doctors in case they fail to register an FIR or provide
treatment respectively. No case has been registered so far for denial of treatment.

Centre for Enquiry into Health and Allied Themes (CEHAT) set up a model for
health sector response to sexual violence in collaboration with the Municipal
Corporation of Greater Mumbai (MCGM) in 2008. This has been operational in
three public hospitals in Mumbai, which includes training of healthcare providers
in the provision of gender sensitive response, crisis intervention services to
survivors and facilitating ongoing monitoring of standard of care. This work started
much before the One Stop Crisis Centre (OSCC)2 scheme came into existence.
The medicolegal protocols include information on circumstance of sexual assault,
profile of survivor and accused, history of assault, consequences on physical
and mental health and details of medical examination. The records during the
period 2008-2012 were analyzed and the findings of these data (98 service
records) were significant in bringing forth several critical aspects related to the
dynamics of sexual violence, forms of sexual violence, health consequences
and limitations of medical evidence (CEHAT, 2013). The findings showed that
only 20% of the survivors had followed up with counsellors after their visit to the
2
One stop crisis centre is a centrally sponsored scheme of Ministry of Women and Child Development
(MWCD), for addressing the problem of violence against women. Please see https://wcd.nic.in/sites/
default/files/Final%20Approved%20Guideline%20OSC%20.pdf

Surviving Sexual Violence / 2


hospital for medicolegal examination, while the rest mentioned various reasons
such as having an alternate support agency at the local level, not identifying
any specific need and lack of resources. Some survivors had relocated and
others did not want to continue with the case, while some clearly said that they
did not want any contact as they were now married. As most of the families
were from the lower socioeconomic strata, lack of resources appeared a major
constraint in following up. However, as this was a criminal offence, they would
have to follow up with the police and the judicial system. But there is no existing
mechanism to follow up with those survivors who register complaints or reach
out to them through these systems.

Rationale for the Study

The existing literature on sexual violence in India can be broadly categorised as


studies on prevalence and forms, health consequences and those looking at
the responses of the criminal justice system. The evidence on incidence of sexual
violence, forms of sexual violence reported and health consequences in the
Indian context is primarily from domestic violence studies, which have reported
intimate partner sexual violence. These are mostly cross sectional studies at
the household level or are facility based (Weiss et al.,2008; Khan et al.,2014;
Reed et al.,2016). The analytical papers focusing on court judgments by feminist
groups such as Lawyers Collective, Majlis, and National Law University of Delhi
(NLUD) highlight the lacunae in the criminal justice system (Lawyers Collective,
2014; Majlis 2015; NLU, Delhi & CSJ. 2018).

There are no studies on the impact of sexual violence on survivors in India. To


the best of our knowledge, we have not come across studies following the life
experiences of survivors of rape. It is essential to document the life experiences
of survivors post rape as this would help in understanding the impact of the
incident on their health, relationships, work and the challenges faced by them
after reporting rape to the police or hospital. This research is a first that brings to
the fore the voices of survivors and their families that could transform the current
response to sexual violence.

Surviving Sexual Violence / 3


Experiences of Survivors of Rape - Documented Evidence

Rape survivors are willing to speak as they feel that it will help not only others
but also in their healing process (Campbell & Adams, 2008). Research reveals
that two-thirds of rape victims tell someone about their experiences at some
point after the assault, and that they seek support more from informal social
networks (family and friends) and less formal assistance (police, clergy and
doctors). Ullman (1996), while assessing the impact of social reactions to sexual
assault, reported that positive reactions from friends, such as emotional support,
have been found to be more effective than other resources. Survivors anticipated
that formal social system processes or their personnel could cause them further
psychological harm as they may disbelieve them, blame them or interrogate
them. Many did not have faith that the system could help them. They felt that
perhaps they should deal with it themselves.

Campbell et al., (2009) argue for an ecological model for responding to sexual
assault based on a rigorous review of evidence on the impact of sexual assault
on mental health. They argue that the impact of sexual assault on women's
psychological well-being is based on various factors such as disclosure and
help seeking, sociocultural norms about rape and not just on the characteristics
of the victim. Several factors at the family, community and policy levels have a
cumulative effect on women, and there is no one way in which this affects them.
Framing the impact of sexual assault solely within a Post-traumatic Stress
Disorder (PTSD) framework was found to be limiting as there were many other
consequences and factors beyond the individual and the assault characteristics.
Hence, scholars researching violence against women have advocated for
ecologically informed trauma models of rape recovery. Feminists too, have
reframed pathology (such as post-traumatic stress symptoms) into strengths,
survival, and resistance strategies of women (Koss and Harvey, 1991, Neville
and Heppner, 1999).

Sexual assault does not occur in social and cultural isolation: we live in a culture
that propagates messages that victims are to blame for the assault, that they

Surviving Sexual Violence / 4


have caused it and, indeed, deserve it (Buchwald, Fletcher, & Roth, 1993; Burt,
1998; Lonsway & Fitzgerald, 1994). Some researchers have suggested that the
scientific literature on psychological trauma underemphasizes environmental
factors that contribute to individual differences in post-traumatic response and
recovery.

Victims are faced with negotiating post assault help and, ultimately, their pathway
to recovery within multiple hostile environments. If survivors turn to their family
and friends for social support, how will they react, as they too have been
inundated with these cultural messages? If victims turn to formal systems, such
as the legal, medical, and mental health systems, they may face disbelief, blame,
and refusal of help instead of assistance. The trauma of rape extends far beyond
the actual assault, and society's response to this crime can also affect women's
well-being, both physical and mental. These types of negative community
responses to rape victims have been called secondary victimization, the second
rape, or the second injury (Madigan & Gamble, 1991; Martin & Powell, 1994).

Experiencing intimate partner violence (IPV) is equally debilitating and there is


evidence on how IPV affects employment and economic well-being negatively
(Loya, 2015). There is evidence that sexual violence incurs costs and may affect
survivors' work and wages (Peterson et al., 2017). It affects mental health thus
affecting employment and earning. Survivors of rape have reported that they
needed time off from work to recover mentally or curb their fear or manage
logistics of talking to the police, moving residence and so on. For daily wage
earners, not being able to go to work meant that they would not get paid for that
day. Evidence suggests that such survivors are prone to becoming homeless.

Researchers have identified services and resources that facilitate improved


mental health and recovery amongst sexual assault survivors, including rape
crisis counselling, medical and legal advocacy, informal social support, and
approach oriented coping (Campbell, Dworkin and Cabral, 2009; Frazier & Tashiro
, 2004). Survivors have also said that timely access to counselling and supportive
services can help prevent a downward economic spiral.

Surviving Sexual Violence / 5


In India, two recent reports, one by the Partners in Law and Development (PLD,
2017) and the other by the Human Rights Watch (Bajoria, 2017), have
investigated the responses of formal systems such as the police, medical and
courts. The PLD team observed rape trials and the HRW interviewed survivors
and key informants. They found that the guidelines issued were not being followed
by any of the institutions and survivors continued to be turned away, blamed,
denied treatment; they faced hostility at all levels and were stuck in long legal
procedures.

Surviving Sexual Violence / 6


2. Conceptual Framework and Research Design

Conceptual Framework

Studies on violence against women have two specific approaches to inform


research, prevention and treatment - the first is from community psychology,
and the second from development psychology. These are premised on the
understanding that there is a constant interaction between individuals and their
multiple environmental contexts, which influences them in myriad ways.

 At the individual level, there are the bio-psycho-social characteristics of the


person; the microsystem focuses on direct interpersonal interactions between
individuals and members of their immediate environment such as families,
friends, and peers.
 The mesosystem reflects interconnections and linkages between individuals
and between individuals and systems.
 The exosystem includes organizations and social systems (for example, legal,
medical, and mental health).
 The macrosystem includes societal norms, expectations, and beliefs that
form the broader social environment.
 The chronosystem encompasses the changes that occur over time between
persons and their multiple environments.

The Centers for Disease Control and Prevention (CDC 2004) and the World
Health Organization (Jewkes, Sen, & Garcia-Moreno, 2002) have adapted this
approach to develop multilevel models for the prevention of gender-based
violence. Neville and Heppner (1999) extended this to explain how sexual assault
affects women's well-being and recovery processes: the basic premise being
that the mental health of survivors is shaped by many factors besides the assault.
With each disclosure and interaction with the social world, survivors get explicit
and implicit messages about how they should make sense of the crime and how
to apportion blame. All of these have a cumulative effect on the survivor where

Surviving Sexual Violence / 7


social rape myths contribute to internalized self-blame. Several studies have
established that survivors encounter victim blaming in their interactions with
both formal and informal systems (Filipas and Ullman, 2006). In addition, survivors
from minority groups are more likely to be subjected to victim blaming (Campbell
et al., 2001). This is reflected in Figure 1.

Figure 1: Ecological Model for Conceptualising Impact of Sexual Violence

Chronosystem

Macrosystem

Meso/exosystems

Microsystems
Self
Blame

Individual

Research Design

Using a qualitative research design, the study applied the ecological framework
to conduct interviews with survivors and/or their family members to understand
the experience of disclosing incident/s of sexual violence and their experience
thereafter. The various factors that were explored are presented in Table 1. This
ecological model is further informed by the feminist perspectives on sexual
violence that defines rape as a form of violence inflicted to exert power and

Surviving Sexual Violence / 8


control over women in a patriarchal society. This is important as it makes a shift
from blaming the victim and taking away from her specific characteristics.
Evidence shows that rape-prone societies were associated with interpersonal
violence, male social dominance and subordination of women. Rape is intentional
and the intention is to cause harm, humiliate, take revenge or attempt to perform
an imposition of masculinity such as sexual gratification, recreation. These are
fuelled by rigid gender norms around sexuality. There needs to be emphasis on
intersectionality of oppression as women face multiple levels of discrimination
based on gender, class, sexual orientation, disability, community and caste. Rape
imposes great harm on the survivor and her family.

Table 1: Ecological Framework - Domains Explored

Ecological Level Factors


Individual Factors - bio-psycho- Socio-demographic variables:
social characteristics of the person age, community, income, education,
employment
Nature of assault: type of assault,
relationship to perpetrator, threats
from perpetrator
Health consequences- physical
and mental
Microsystem : Direct interpersonal Response of immediate and
interactions between individuals extended family
and members of their immediate Response of community
environment such as families,
friends, and peers
Meso/exosystem: interconnections/ Police, Medical, Legal, Courts
linkages between individuals, public prosecutor, court experience
between individuals and systems,
organizations and social systems
(e.g., legal, medical, and
mental health)

Surviving Sexual Violence / 9


Ecological Level Factors
Macro system: societal norms, Existing rape myths, messages
expectations, and beliefs that form about rape
the broader social environment
Chrono system: changes that Cumulative trauma over a lifetime -
occur over time between persons witness to violence, caste, religion,
and their multiple environments community based discrimination/
violence

Sources of Data

The primary sources of data for the study are in-depth interviews with adult
survivors and parents of child and adolescent survivors. Between April 2008
and March 2015, there were 728 survivors who came to three hospitals for their
medicolegal examination. It was decided that all these survivors would be
approached by the counsellor/interventionist on the given safe number and/or
address. They were informed that the hospital was following up with each survivor
who had sought its services. After discussing their current status, which included
their health and safety, the status of their case amongst other things, the
interventionist informed them about the purpose of the study and sought their
oral consent for participation. They were informed that their participation in the
study was completely voluntary and their refusal would have no effect on the
services being provided to them. If they agreed to participate, they were asked
for their choice of place for conducting the interview which was Dilaasa3
Department at the hospital closest to their residence or the CEHAT office. The
interview was held accordingly. Before the interview, the researcher read the
service records to understand the entire history and background. This ensured
that the respondent did not have to repeat any information that was already
available. In the case of survivors younger than eighteen, the parent was
interviewed.

3
Dilaasa is a hospital based crisis centre, a joint initiative of the MCGM and CEHAT, established to sensitise
Health care providers and train them to understand domestic violence as a health issue.

Surviving Sexual Violence / 10


Objectives of the Study

1. To understand the experiences of the survivor/family and document their


interface with informal systems such as family (immediate and extended),
community and formal systems such as the police, courts, lawyers and
hospital.
2. To enquire into the impact of rape on their physical and mental health, work,
relationships, education and housing/shelter. (Impact was defined as
consequences on physical, mental health, employment, education, income
and interface with the community).

Data Collection

The data collection for the study was initiated at the end of December 2016 and
the last interview was conducted in February 2018. The interventionists
approached the survivors by either calling them on their safe telephone numbers
and/or by sending letters to the address intimated by them. Of all the survivors,
87% (634) could be contacted either by phone or by letter or both. Telephone
numbers were available for 63% of the survivors, that is, 457 of the 728 survivors.
Of these, in 170 cases, the numbers were not available or out of service or did
not exist or were not in use. Potential survivors who could be contacted over the
phone numbered 287 (63%). The addresses of 578 survivors (79%) were
available.

Each participant was called on the mobile at least thrice and at different times,
so that in case the phone was switched off due to work or any other reason, the
person could be contacted. Letters were sent to 468 survivors and of these 1%
(7) contacted the team, 24% letters were returned due to incorrect address and
there was no response from 74% of those contacted. The letter sent to the
survivors mentioned that this was to follow up on the health of the survivor as
she had come to the hospital for treatment. The contact numbers of Dilaasa and
the intervention number that all hospitals have been provided with, available
24x7, were also mentioned.

Surviving Sexual Violence / 11


The team was able to establish contact with only 25% (181) of the survivors. Of
those that could be contacted, 36% (66) participated in the study, 23% refused
to participate, 7% agreed but did not turn up for the interview, 28% were reluctant
to speak and expressed concern as the case was ongoing, 2% expressed the
need for intervention, 4% had relocated and so could not come for the interview.

Of the 66 research participants, 5 required intervention based on the initial contact


made by the interventionist and so it was provided before the interview. Nearly
25 of the research participants did not express any need for intervention at the
time of contact, but participation in the interview process helped them to identify
intervention needs. All of them were provided with various support services
after the interview. In the case of adult survivors, they were interviewed alone. In
two cases of elopement4 (both adults), family members were present on the
insistence of the survivor. In one case, the 'boy' who was now her husband and
in the other, the mother sat through the interview. In the case of an adult survivor
with a mental disability, her sister was called for the interview, but the survivor
came in and both wanted to be part of the process. In the case of minors, the
parents were interviewed. In one case, the father was accompanied by the local
corporator. In another case, the mother came with the uncle of the survivor and
wanted him to be present during the interview.

The interviews were conducted at the place of the survivor's choice. Most of
them were conducted at the CEHAT office or in one the Dilaasa centres. Two
were held in the offices of the respondent, one at home and one outside a church.
The interviews were conducted by a team comprising a researcher and an
interventionist to enable immediate psychological support during or after the
interview.

4
Elopement refers to couples who run away from home to get married due to opposition from family
members.

Surviving Sexual Violence / 12


Ethical Considerations

The team recognizes the specific vulnerabilities of survivors of violence and


therefore, the first call made to each of them was by an interventionist (trained
counsellor) to enquire about the well-being of the survivor, her family, education,
health, interface with hospital, police and court and offering any type of
intervention required. If an intervention was required that was offered first. Only
after this, was the study introduced and consent sought for participation. It is
important to state here that the consent was sought over multiple calls across a
few weeks, which allowed the family to make the decision about participation.
The fact that 23% refused to participate and 28% expressed that they were
reluctant to participate in the study indicates that this process was followed
strictly and those who consented to participate did so freely without any
inhibitions.

The consent form was read out slowly and clearly at the time of the interview in
the language that the survivors were comfortable in. The consent forms were
available in English, Hindi and Marathi. All aspects of the study were explained.
They were informed that they would be asked to narrate their experiences related
to different systems - health, police, legal, and community. The anonymity was
explained by telling them that the data presented would have no identifiable
information. It was reiterated in all the cases that their agreement or denial for
the interview would not affect the services provided by us. In the case of minors,
the parents were interviewed, so the consent was obtained from the parents.

Challenges in Data Collection

Fear of further abuse, post-traumatic stress, inhibitions, reluctance and change


of mind, advice of wary relatives and lawyers, and in one case, the venue of the
interview itself posed challenges. Here are a few instances:

1 An adult woman - During the interview, the woman broke down and the
interventionist took over, and the interview was stopped. She was interviewed

Surviving Sexual Violence / 13


after a few months. She required immediate police intervention as the abuser
was threatening and abusing her.
2. The father had agreed to come for the interview, but after the consent letter
was read out, he said that he did not want to participate and his decision
was respected.
3. Six research participants refused to have their interviews recorded and their
decision was respected. In one of these cases, the father refused to sign
the consent letter, saying that their lawyer had told them not to sign any
paper. Therefore, in this case, only oral consent was sought.
4. One interview was conducted outside a church, so recording was not
possible
5. Two respondents who had agreed for audio recording, spoke more after the
recording, but consented to the inclusion of what they had said in the study.

Reimbursement and Compensation

It was decided that a token amount of INR 400 would be given to each research
participant to compensate the travel expenses and loss of wages. All the
interviews were carried out in one visit so there was a one-time compensation
given to all the respondents with the exception of one. In the case where the
survivor broke down and the interview had to be stopped, compensation was
still given to the respondent. The reimbursement for travel cost was important
as they all had to make a special effort to come for the interview, miss their daily
wages, take leave, and so on.

At the end of the interview, when the token amount was given, all the respondents
refused to accept the money. They expressed their gratitude for the work being
done by the team and said that they felt good after talking to them. Hence, they
did not want to take any money. It had to be explained to them that an ethics
committee that reviews the work of the team had decided on the compensation
and they were persuaded to accept the amount.

Surviving Sexual Violence / 14


3. Research Participants - A Profile

This chapter provides a brief description of the 66 survivors whose experiences


were documented through interviews.

Age of the Survivors at the Time of the Incident

Of the 66 respondents who were interviewed, the number of children (0-12


years), adolescents (13 to 17 years) and adults were almost equal. The age of
the survivor ranged from a minimum 6 months to 48 years, with the mean age at
16.3 years. Amongst children, there were equal numbers who were less than 6
years and between 6 and 12 years. In the adolescent age group, about 67%
were in the age group of 16-17 years.

Table 3.1 Profile of Survivors

Number (66) Percent


Age
0-12 24 36.
13-17 21 32
18 + 21 32
Sex
Male 2 3
Female 64 97
Marital Status
Married 7 11
Never married 8 12
Divorced/Separate 6 9
NA (Less than 18 years) 45 68
Education
School or College 51 77
Infants 2 3

Surviving Sexual Violence / 15


Number (66) Percent
Out of School due to Disability 1 2
No information 12 18
Employment
Working 13 20
Housewife 3 5
Student 3 5
Person with Disability 1 2
No information 1 2
NA (less than 18 years) 45 68
Type of House
Slum 26 39.4
Chawl 25 37.9
Building 14 21.2
Bungalow 1 1.5
Total 66 100.0

Sex

In terms of sex, the participants were largely female. There were two males -
one a child and another, an adolescent. The adolescent boy was brought to
hospital by the police with a history of chronic penetrative assault, and the child
was brought by the parents directly to the hospital for treatment of anal injury.

Marital Status

As per the age profile, 68 per cent were less than 18 years. Of the 21 adult
survivors, seven were married, six were divorced or widowed, and eight were
never married.

Surviving Sexual Violence / 16


Education of Survivor

Of the 45 children, 42 were going to school, 2 were infants and 1 was out of
school due to disability. Nine survivors were in college.

At the time of interview, it was found that of those who were going to school at
the time of the incident, seven left schooling due to the incident, of the nine who
were in the college two discontinued going to college due to the incident. One
young survivor had committed suicide after the incident. She was in high school
when the incident took place near her residence.

Nearly 20% of the survivors were working at the time of the incident, 5 % were
housewives, 5% were pursuing higher education, one was at home due to
disability and 68% were children. At the time of interview, nine out of thirteen
survivors continued working, four survivors quit working after the incident, three
survivors were home makers at the time of the incident and chose to remain the
same.

Type of House

The type of house in which the survivors lived provides some insight into their
socioeconomic background as well as the kind of space that they inhabit in
Mumbai. This is important in terms of determining their mobility, interaction with
neighbours and community. Of the 66 research participants, 39% were living in
a slum at the time of the incident, 38% lived in chawls, 21% lived in a flat in a
building, and one was living in a bungalow. As these are survivors who came to
public hospitals, most of them were living in slums and chawls and belonged to
the socioeconomic class that accessed government health care. Besides, these
slums and chawls are densely populated, allow little privacy and have strong
communal ties. The incidents took place within the home of either the survivor or
the abuser. It is important to note that those accessing health care from municipal
hospitals are largely from the lower socioeconomic class.

Surviving Sexual Violence / 17


Type of Sexual Violence

Of the 66 respondents, 55 reported sexual violence, seven had filed case of


rape under "false promise to marriage" as they had been in a consensual
relationship with the man, four were cases of elopement/runaways.

Of the 55 who reported sexual violence, 69% (38) reported penetrative assault
and 31% reported non penentrative assault. Peno-vaginal penetration was most
common, followed by penetration by finger, oral penetration and lastly anal
penetration (by penis or finger).

Table 3.2 Type of complaint

Frequency Percent
Sexual Violence 55 83.3
False promise of Marriage 7 10.6
Elopement 4 6.1
Total 66 100.0

All four cases of elopement were in the adolescent age group. They had run
away from home with the boyfriend to another city where they had multiple
episodes of consensual sexual intercourse. In all four cases, the parents had
filed a missing complaint and when they came back to Mumbai, the police
arrested the boyfriend either under charges of kidnapping and rape or under
POCSO depending on his age. POCSO criminalises consensual sexual activity
for those under 18 years.

Around 11% (7/66) of the survivors had filed a complaint of "false promise of
marriage" (from the abuser). These were survivors who stated that they had
been in a consensual sexual relationship with the man under the impression
that he would marry her. But as the promise of marriage was not kept, the survivor
filed a complaint with the police and was brought to the hospital for a medico-
legal examination. Amongst these, six were reported to the police and were

Surviving Sexual Violence / 18


brought by the police to the hospital for medical examination, and one reported
directly to the hospital to seek an abortion that was a consequence of abuse.

A large number of adults reported penetrative assaults and a large number of


children reported non-penetrative assaults. Non-penetrative assaults reported
were touching genitals, chest, breast, pressing of breasts and so on. Around
32.7 % (18/55) reported that they had faced either sexual violence or physical
violence or both in the past by the same person. Amongst these eighteen, thirteen
survivors reported facing sexual violence, four survivors reported facing physical
violence in the form of beating and so on, and one survivor reported that she
had faced both sexual and physical violence in the past.

Of those who came with the complaint of penetrative sexual assault, 35 reported
peno-vaginal penetration, 18 fingering in vagina, 9 peno-anal penetration, 4
fingering in anus, 13 peno-oral penetration and 3 reported fingering in mouth. It
was observed that adults reported peno-vaginal penetration while children
reported penetration of finger in vagina, anus or mouth.

Profile of the Abuser

In 95.5% (63/66) of the cases, the perpetrator was known to the survivor and
only in three cases, the perpetrator was unknown/a stranger. Amongst the known,
perpetrators ranged from the child's own father, other family members, neighbour,
boyfriend, friend and acquaintance.

In one case, the perpetrator was unknown, as the survivor was mute since birth
and forcibly abducted by a stranger when she had gone to the market and she
was unable to provide any details about the perpetrator.

Surviving Sexual Violence / 19


Table 3.3 Profile of the Abuser

Relationship with the Abuser Frequency Percent


Unknown 3 4.5
Neighbour 22 33.3
Family 7 10.6
Friend 1 1.5
Acquaintance 15 22.7
Husband/Boyfriend 13 19.6
Employer 1 1.5
Total 62 100.0
Age of abuser
Adolescent 9 14.5
Adult 53 85.4
Total 62 100.0
Age difference between Abuser and Survivor
Same age 3 4.8
Abuser younger than Survivor 1 1.6
1-4 years 14 22.6
5-10 years 14 22.6
10-15 years 13 21.0
More than 15 years 17 27.4
Total 62 100.0
Employment of Abuser
Employed 37 59.7
Unemployed 15 24.2
Don't know 10 16.1
Total 62 100.0
Status of Abuser
Same status as survivor 24 38.7
Financially influential 13 21.0
Politically influential 14 22.6
Non-influential 8 12.9
Don't know (Abuser is unknown) 3 4.8
Total 62 100.0
* Four cases of elopement

Surviving Sexual Violence / 20


Most of the abusers were adults (86%) and 9 were adolescents. About 56% of
them were employed at the time of incident, 36% of the abusers belonged to the
same socioeconomic status as the survivor, 41% were influential in the
community either financially or politically. In 46% of the cases, it was found that
the abuser was 10+ years older than the survivor, in 27% of the cases the age
difference was 1-4 years, in three cases the abuser and the survivor were of
the same age. In one case where the abuser was 15 years younger than the
survivor, it was a false promise of marriage where they were in a live-in
relationship and then the abuser denied marriage.

Circumstances surrounding the Incident

The circumstances surrounding the incident of sexual violence as described by


the respondents reveal how such incidents occur. They are not sudden or random
events but planned acts by the perpetrators. The perpetrators were privy to the
daily routine of the family members and thus planned the act during the time that
the child was alone. One of the most commonly reported occurrences was the
perpetrator making use of an opportunity such as the child being alone with him,
knowing that the family was away at work or to fetch water or to run an errand.
Other incidents reported were when the perpetrator had drugged the survivor,
taken her away on the pretext of an outing or eating her favourite food, called
her home to spend time or faked an illness to call her home. All these were
incidents where the perpetrator had planned the act. Few survivors also reported
the use of physical violence such as beating, banging the head, pulling the hair
thus rendering her helpless. Many survivors reported several acts of harassment
and intimidation, which they had suffered before the actual incident of sexual
violence, thus indicating that sexual violence does not occur as an isolated or
random event but often occurs as a continuum of violence. Survivors abused
by intimate partners were abused several times and reported physical and
emotional abuse too. Promise of marriage was a planned act to have sexual
contact with the survivors who consented under the impression that the man
would marry them eventually, but marriage was denied by the perpetrator. There

Surviving Sexual Violence / 21


were also reports of continued sexual violence through threats to make nude
photographs or video of forced sexual act public.

Pathway to Hospital

The pathway to the hospital is important to understand disclosure of sexual


violence. Nearly 82% of the survivors were brought by the police to the hospital,
whereas only 18 % came directly to the hospital. An almost equal number of
children, adolescent and adult survivors were brought to the hospital by the
police (35.2%, 33.3% and 31.5% respectively)

All the survivors who reported directly to the hospital suffered health
consequences which required treatment, and thus health complaints led to the
disclosure of abuse. Most of them were children and adolescents, where the
family concerned about the health of the child, took the child to hospital for
treatment. Those survivors who had been brought to the hospital by the police
for medical examination either disclosed the abuse to the caregiver or caregiver/
s asked about it, or the abuser was caught by the caregiver/s during the act,
refusal of marriage by the abuser or fear of future abuse by the perpetrator. It is
important to note that several of those who went to the police also suffered
health consequences.

All the four cases of elopement were brought to the hospital by the police.

Table 3.3 Pathway to Hospital

Frequency Percent
Survivor-hospital 12 18
Survivor-police 54 82
Total 66 100.0

Surviving Sexual Violence / 22


Health Consequences

Nearly 54.5%(36 of 66) of the survivors reported some form of physical health
consequences to the doctor, ranging from injury (physical including genital),
pain in genitals, pain in rectum/pain while defecation, unwanted pregnancy, pain
in other body parts, burning micturation. Injuries were mostly seen in children,
followed by adolescents and adult survivors (47.8%, 26.1% and 26.1%
respectively). About ten survivors reported unwanted pregnancy as an outcome
of rape.

Table 3.4 a. Physical Health Consequences

Frequency Percent
Yes 36 54.5
No 30 45.5
Total 66 100.0

Table 3.4 b Nature of Health Consequences

Nature of health consequences* N Percent (n=36)


Genital Injury 16 44.4
Pain in genital area 16 44.4
Physical Injury 13 36.1
Pregnancy resulting out of assault 10 27.7
Pain in other body parts 6 16.6
Pain in Rectum/Pain during Defecation 4 11.1
Infection 2 5.5
Burning micturition 2 5.5
*Multiple responses

Psychological health consequences such as fear, crying, feeling sad, feeling


guilty, suicidal ideation were seen while speaking to survivors.

Surviving Sexual Violence / 23


They described various health consequences:

" She (survivor) was not able to urinate. She told me that she felt like urinating
but she was not able to sit and she could not pass urine for a whole day." -
Mother of child survivor.

"But then I took her on my lap because she was so small, then I asked her to
show where it is paining, I removed her slacks then I saw that there was blood on
the inner side of her both the laps, I was shocked when I saw that, I asked her
what happened." - Mother of a child survivor.

"While doing the check-up the doctor said she was raped and all her skin over
there got infected because she had not taken abath for around one and a half
months. So there was itching all over her body. The skin was peeling (chamdi
chamdi nikal rahi thi)." - Mother of an adolescent survivor.

"I went and told them that your son has done this, but they denied, so when I
came back I was in depression and I attempted suicide, I drank phenyl." -
Adolescent survivor.

"When I was pregnant with his child (abuser), my husband had brought a pill for
abortion. With that pill half of it got aborted but half remained. But that bleeding
did not stop. It was bleeding so much". - Adult survivor.

Admission in Hospital

Most of the survivors were examined and provided treatment on an out-patient


(OPD) basis and did not require admission. Nineteen of the sixty-six survivors
were admitted in the hospital on medical grounds such as treatment for physical
and genital injuries, unwanted pregnancy, unconscious, attempted suicide,
infections and pains.

Surviving Sexual Violence / 24


Table 3.5: Status of Admission to Hospital

Frequency Percent
Admitted 19 28.8
Not admitted 47 71.2
Total 66 100.0

Status of Registering a Complaint

An FIR was filed in almost all cases (94%). Where the survivor's age was
concerned, the number of FIRs was filed almost equal (34% children, 32%
adolescents and 34% adult women); 6% (4 /66) of the respondents chose not to
register a police complaint. In all the cases where the survivor had eloped, the
FIR was filed under rape charges along with kidnapping.

Amongst the four respondents who chose not to file a police complaint, the
abuser was unknown and could not be traced in two cases. In one case, the
police went with the father to search for the perpetrator at the place of the incident
and looked around the area for him but could not find him. In this case, on the
advice of the police, the father decided not to file the complaint. In the other
case, the survivor had a mental disability and was unable to articulate any details
regarding the perpetrator. As a result, her mother decided not to file the complaint.
In cases where the perpetrator was known, the decision not to file a case was
complex. Where the perpetrator was the paternal uncle, the father of the child
decided not to file the case as the responsibility of the brother's family would fall
on him. The father did not pursue any legal action against the abuser but he
broke all relationship with the abuser and the matter was discussed within the
extended family. In the fourth case, the mother did not want to file a complaint as
she did not want to pursue any legal case as the health of her daughter was her
priority and because of the financial conditions and her own health complaints.
She relocated from the area of the incident and sought counselling for her daughter
for a year.

Surviving Sexual Violence / 25


Table 3.6 Status of Police Complaints

Police complaints filed Frequency Percent


Yes 62 93.9
No 4 6.1
Total 66 100.0

Outcome of the Case

At the time of interview, most of the respondents (56%) were still pursuing the
case in court, there was a final court order for 24%, 6% of the cases were
closed and one was kept on hold. Of the 24% of the cases where there was a
final order, there was acquittal of the abuser in half of the cases and the abuser
was convicted in the rest. In the eight cases where the abuser was convicted,
four of the survivors were children and four adolescents. Six cases reported
penetrative assault and two non-penetrative assault. In all the convicted cases,
the abuser was known to the survivor - three were neighbours, two were family
members and three were acquaintances. In the four cases of elopement, there
was acquittal in three cases and one was ongoing.

The cases, which are still ongoing, were filed between 2009 and 2016 and about
45% of the cases were filed in 2014; one case was kept on hold as the accused
was untraceable. The court had directed that the case be filed under Classification
A (Classification A comprises cases where the accused is not traceable and
the cases are kept on hold). Four cases were closed as the survivor or her
family told the court that she/they did not want to pursue it further. Of these four,
two were adolescents, one was a child and one an adult. Of the two adolescents,
one got married to the abuser and closed the case. In the other, because the
abuser was a family member (sister's husband), the survivor chose to close the
case after he had spent several months in jail. In the case of a child, the parents
and other members of the family did not want the survivor to continue suffering
when asked to recollect and repeat the incident throughout the legal procedure,
so they opted to close the case. In the case of an adult survivor, she opted to

Surviving Sexual Violence / 26


close the case because of considerable physical abuse, threats from the abuser;
besides, her case was not proceeding in the court.

Table 3.7 Status of Court Outcome

Frequency Percent
Conviction 8 12
Acquittal 8 12
Ongoing 37 56
On hold 1 2
Case closed 4 6
Total 58 100
*elopement -4
*did not file a complaint-4

Surviving Sexual Violence / 27


4. Interface with the Community and Family

Support from society plays an important role in providing resources and


pathways, which can be helpful in healing. If the survivor has a negative
experience on disclosure of abuse, secondary victimization occurs (Campbell
et al., 2001). It is well established in literature that negative support has a more
deleterious impact on survivors as compared to no support (Ullman, 1996).

There are two types of support systems in society: informal and formal. In this
section, we describe the interface of 66 survivors with informal support systems,
which include family, and community (neighbours, friends and politicians) where
survivors live.

4.1 Interface with Family

The healing process of a survivor of sexual violence is influenced by the nature


of support from family members. They are often the ones to whom survivors
make the first disclosure and reach out to for their immediate needs. Considering
this, a non-judgmental and validating reaction from the family is essential for the
survivor to move forward. However, it is important to recognize that the incident
of sexual abuse affects not only survivors but also the family members. They
experience feelings of shock, anger, devastation, guilt and helplessness. This is
why the immediate family members of the survivors are commonly known as
"secondary survivors" and can either better or worsen the experience of the
survivor in different contexts. (Davis et al., 1995).

Post assault, survivors experience feelings of anxiety, fear and uncertainty about
the reaction of their close ones upon disclosure. This makes it difficult for
survivors to talk about it and it is not uncommon that they may not share the
abuse with anyone immediately. It is important for the caregivers not to doubt
the survivor and recognize what the survivor has faced or is facing. Regaining a
sense of power and control by survivors over their body and lives is key to their

Surviving Sexual Violence / 29


recovery. To enable this, it is important that the family supports the survivor in
dealing with fear, pain and suffering by identifying her strengths.

If the abuser is from the family, then the response of the family is crucial to
mitigate the feeling of breach of trust in the survivor. It is important to note that
there are a number of common myths and misconceptions in society about
rape, which influence the understanding of care givers. This often results in
insensitive responses of the family towards the survivor thus impairing the
recovery process.

Very often parents become overprotective of the child post assault and put
restrictions on her mobility, such as not allowing the child to go out of the house
to play, accompanying the child to school/college, enrolling the child in a nearby
school/college, forcing her to leave college and so on. Parents do this with the
intention of reducing risk for their children but it can be detrimental for survivors
as it restricts their movements. These restrictions further inculcate the feelings
of vulnerability and powerlessness among the survivors. It may also reinforce
the feeling of self-blame as she is told what to do and what not to do, which
unwittingly conveys a message that the onus of preventing violence against her
is on her. Rather, family members are required to create an environment at home
which enables the survivor to get into the daily routine, involve herself in various
activities, step out of the house and overcome the feeling of vulnerability.

In the case of child sexual abuse, parents need to be made aware of signs of
such abuse so that they are able to identify the changes in behaviour, if any,
after the abuse. Child survivors are more likely to express their feelings
behaviourally than verbally. Common consequences of abuse on children include
bed wetting, loss of appetite, nightmares, withdrawal, fear of going to school,
over sexualized behaviour and so on. Being aware of these can help parents to
recognize these changes and seek psychological support for the child.

The present study has captured the way family members responded to survivors
at different points of time after the assault. Out of 66 cases, there were five

Surviving Sexual Violence / 30


cases where the family was non- supportive, while in another five cases there
was mixed response from the family. Mixed response means that certain actions
of family members were supportive, while others were not. In majority of the
cases (55), the survivor received support from one or more family member(s).
All children received support from the family. The five cases where the family
was non-supportive were of adults. In the case of adolescents, the response
was mixed. The attitude of the family corroborated the myth of the 'innocent
victim' of rape in this case, child versus adult survivors.

4.1.1 Supportive Experiences

There were various aspects in which the family rendered a supportive response
to the survivor. Examples of such experiences are mentioned below with excerpts
from some interviews.

Recognizing Distress and Asking about Abuse

In these cases of child sexual abuse, the caregivers suspected abuse based
on some behavioural changes and asked the children about it. The parents spoke
about some change in overall behaviour. Sometimes changed behaviour was
seen in the presence of some adults or in some location/situation. They created
an enabling environment by asking the child themselves as well as involving
other family members close to the child.

 "My mother- in-law has a very good relationship with my daughter. She helped
her to disclose. My daughter revealed everything and then we realized that
such an incident has happened, and it was time to go to the police."- (Father
of a thirteen-year-old survivor).

 "Whenever we would take the child there (abuser's house) she would start
feeling nauseous and start vomiting. The moment we took a left turn to go
there, she would start vomiting. Then whenever she came back from the
abuser's house, she would complain of pain in her pelvis. We asked her
many times and one day she revealed the abuse…" (Father of an eight-year-
old).

Surviving Sexual Violence / 31


Being non-judgemental

A young woman articulated this well. She had broken up with her boyfriend as
he was abusive. He later apologized and asked her to meet him just once. She
was in a dilemma whether to inform her family or not as she felt that they may
discourage her from meeting him. As he was persistent, she decided to meet
him. When she went to meet him, he gagged her and raped her. But her family
was supportive and did not judge her for meeting him.

A 23-year-old survivor said, "I was tense, I had not told anyone anything
about what happened to me, for two days. I was silent. My dad and sister
suspected that something must have happened. Then I told them everything
and we decided to make a police complaint."

"My parents supported me a lot…anybody's parents would have beaten a


girl if such a thing had happened, but my parents never did this to me."

She also went on to describe how her parents kept her sister in check if she
ever passed a negative remark, "When my sister said something, my mother
used to scold her and ask her to be quiet."

Taking a stand against a close relative

In the case of a survivor where the abuser was her sister's husband, the sister
of the survivor encouraged her to make a complaint against her own husband. A
17-year old survivor informed, "My sister said if we lodge a complaint then it is
for our own good, it should not happen again so we should lodge a complaint."
There was another case where the abuser was the mother's cousin and the
mother supported the survivor and took the stand of informing the police even
when other family members were not supportive.

Mother said, "My husband was saying that we should think it through, discuss
with your natal family also. But I said even if I lose my natal family or whatever

Surviving Sexual Violence / 32


happens I don't care, a wrong thing has happened with my daughter and I will
seek justice. How will I make her understand, when she will grow up she will say
that because he was your cousin you let him go/ suppressed the matter, did not
take any action." (Mother of a seven-year-old survivor).

In a unique case, a young girl who was abused by her father was supported by
her mother as well as her paternal grandmother. The grandmother not only called
out for help when she witnessed the incident but also supported her daughter-
in-law (survivor's mother) in filing a police complaint and appearing in court as
witness.

Providing Financial Support

The reporting of sexual violence incurs costs. Respondents spoke about the
role played by extended family members in extending financial support. The
families of survivors incurred expenses towards medical treatment in private
facilities, multiple visits to the police and court and a few had to make several
trips for "searching for the survivor".

There was the case of a sixteen-year-old survivor who went missing. The
grandparents maintained that they had spent around INR 100000 just on
searching for the survivor. In another case where the abuser was the father, the
survivor's mother was able to take the decision of making the complaint only
because her mother-in-law assured financial support through her pension. Others
shared experiences of borrowing money and using their savings.

Refusing to Withdraw the Case Despite Pressure

Family members faced enormous pressure from the abuser (s) not to pursue
the case in court. Abusers resorted to various means like threatening and offering
money to the family of the survivor to withdraw the complaint. Despite this, the
family supported the survivor and was firm on continuing their fight for justice.

Surviving Sexual Violence / 33


A sixteen-year-old survivor informed that the abuser sent a message to her
brother to come and talk to them, He said, "Bring the girl". My brother replied,
"The girl will not come, she will come directly to the court for the date (that is date
of hearing) and we don't want any settlement."

In the case of a seventeen-year-old girl, after several attempts at pressurizing


the family to withdraw the case, the abuser gathered the entire community to
pressurize the survivor and her family to accept the money that he was offering
to 'settle the matter' and withdraw the case. The mob reached their house and
abused them physically. They even threatened to "cut the whole family into pieces
and throw the pieces on the road". Despite all the threats, the family stood their
ground firmly and did not withdraw the complaint.

4.1.2 Non-supportive Response

Restrictions on the Survivor

Some parents put restrictions on the survivors, which included changing school/
college, sending the survivor back to the village, discontinuation of education
and not allowing the survivor to step out of the house alone. They were over
protective and monitored all the movements of the survivor.

"…Not letting her go out much. Earlier I used to send her downstairs to bring
something from the shop; I don't send her anymore now. She doesn't talk much
with the other people in the society".

In the case of adolescents, these measures were more prominent

"I insist that she wears a burkha while going out. She didn't wear it before the
incident. I ensured that I removed her from that school, and secured her admission
in a nearby school - Scholar's Academy and it is an Islamic school where the
code of conduct, dress and everything is Islamic and I am ensuring everything
so that my daughter is safe."

Surviving Sexual Violence / 34


Over-emphasis on Punishment to Prove Innocence

Reinforcing Feelings of Self-blame

A father during the interview stated that he filed case so that society doesn't
blame his daughter.

"We had no other choice but to file this case. Society would have blamed my
daughter for all this…I don't know whether I am right or wrong, but my vision is
like that, if he gets punished then her non-consent will be proved, otherwise it will
be considered consensual."

Not accepting 'Pregnant' Survivor

There was a case of "false promise of marriage" where the parents of the survivor
refused to keep her at home when she got pregnant.

"I was kept in the ashram (after filing the case) and he (the perpetrator) was
harassing me to take back the case. My family members were not accepting
me because I got pregnant and my father told the police that he cannot keep me
at home."

Blaming the Survivor

The initial reactions of parents towards adolescents and young adults were to
question them for having gone out with the perpetrator, or going without informing
them and so on. Blaming the survivor for abuse was common among cases of
adolescents. One such survivor said,
"My mom and my dad were very rude to me. They were not talking to me at all.
They were torturing me by making me remember everything about the baby
that I had delivered (later given for adoption)."

Surviving Sexual Violence / 35


Pressure from Relatives not to Report the Matter

In some cases, the extended family members opposed the idea of filing a police
complaint. In one case where the incident of abduction took place when the girl
was in a relative's house, the relative insisted that the mother not report the
matter to the police. The relatives were scared that the police would come to
inquire and create problems for them. The mother went ahead and filed the case.
The relatives broke the relationship with the mother of the survivor when the
police came home for enquiry. The mother shared this with a lot of pain as the
family was close knit before the incident and she felt that she and her daughters
were isolated for no fault of hers.

4.2 Interface with the Community

In all 24 cases of children in the age group 0-12, the neighbours were supportive
while there were only three cases of adolescents where the neighbours
supported them. In these three cases, the parents stated that the neighbours
were supportive because they knew the survivor, alluding to the 'virtues' of the
girl. Belonging to the same hometown was a factor contributing towards the
supportive behaviour of neighbours. All the adult survivors experienced lack of
support from neighbours, which created several barriers and a hostile
environment. The dominant narrative that emerged was that the community did
not let them forget that there had been an incident of sexual violence.

Support extended by neighbours in cases of child sexual abuse


1. Encouraged survivor/parents to make police complaint
2. Searched for abuser with parents
3. Pressurized police to take action
4. Gave statement to the police
5. Took the survivor to the police station as mother was at her workplace
6. Took care of other children when the parents visited the hospital, police
and court
7. Forced abuser and his family to leave the community and relocate
8. Helped survivor to seek support from formal agencies.

Surviving Sexual Violence / 36


Here are some narratives of respondents indicating positive support from
neighbours:

"…. their statement was taken when the police came home. So, everyone
told them (police) accurately. He (abuser) was also beaten up by the people.
People will not leave someone if they are angry, everybody supported us in
the matter." (Father of a five-year old survivor, penetrative assault).

"The local corporator was backing him (abuser) although the community was
all by our side. They all signed letters and ensured that he was thrown out
along with his family." (Father of a four year old survivor who reported
penetrative assault).

"..Yes, they (other people from society) were also harassed by him (abuser),
everybody was disturbed by his behaviour. At least 50 women came there.
Women demanded that the accused be released so that they could deal with
him directly (punish him) as he had ruined the life of so many girls." (Father
of a thirteen-year-old survivor, non-penetrative assault).

In another instance, the mother expressed her gratitude to her neighbours. She
was at work when the incident took place. They informed her and took the child
immediately to hospital. The abuser was a visitor at one of the neighbour's house
and the people around locked him in a room till the police came to arrest him.

Forms of non-supportive behaviour of neighbours in cases of


adolescent and adults
1. Suggested that the survivor 'settle' the case
2. Taunted, ridiculed and insulted survivor
3. Social exclusion
4. Denied statement to police
5. Attempted to break the marriage of the survivor
6. Forced survivor and his/her family to relocate

Surviving Sexual Violence / 37


Non-supportive Community Responses

By and large, the neighbours were not supportive in cases where the survivor
was not a child. Adult women experienced ridicule and isolation.

Here are some narratives of respondents indicating negative behaviour of


neighbours:

"The women in the building started talking about me… That I am telling lies,
that I went after him (abuser) and so on." (21-year-old survivor, penetrative
assault).

"When they (abusers) tried to enter my house forcefully, they had torn my
clothes. There were many people present there but nobody came to my help
when the police came to take a statement. Then everybody went inside their
house "(29-year-old survivor, penetrative assault by gang).

"People used to say that many people have raped me. They have said things
like 'Someone gave her money to go to the police station'…. 'Her mother
took money for taking back the complaint'. So many such accusations were
made against me by people." (16-year-old survivor, penetrative assault).

"...If there is any program arranged in the area, they will not call us, will not
speak to us. So, I often feel that I have done something wrong. We sometimes
feel that we should not have filed a complaint, we should have left that matter
there itself," (Mother of a four- year-old survivor, penetrative assault).

"…Our society is very bad. If a person wants to take any brave decision then
society will break their courage." (Mother of a five-year-old survivor, non-
penetrative assault).

Surviving Sexual Violence / 38


Respondents gave different reasons for the non-supportive behaviour of
neighbours. These included political connections of abusers, abusers residing
in the same area for a long time and domiciliary status of abuser vs migrant
status of survivors. The migrant status of the survivors made them more
vulnerable as they were seen as outsiders and not belonging to the community
that rallied blindly behind the abuser. Fourteen of them said that they were left
with no choice but to relocate due to constant harassment.

An example of how this panned out in the case of a girl from a family that had
migrated to the city for work:

"So this Maharashtrian person took signatures of people from the chawl. He
was drunk that day and he took signatures from people against us…saying that
all people from the neighbourhood are from our side (boy's side). Everyone
around told us that we will sign for you as well. Then we said that if you sign for
both, then it doesn't make any sense. The abuser's family gave him INR 20000
so he was taking signatures from neighbourhood people. The politician (neta)
publicly told me to take money and settle the matter. Then they called a meeting.
So that everyone can threaten me. They called me my mother not my father.
We were alone, 200 people had gathered. What could I have done among so
many people? They said 'You come alone, don't bring your father.' So I did not
go, they came to my house at one o'clock at night, and started abusing me
saying, 'Why you did not come for the meeting?' Now how could I go?"

"There were people not only from the neighbourhood but people for outside.
They threatened my mother saying that you think you have become 'big', even
the local corporator abused her. The entire meeting was to scare us so that we
didn't file a police case."

4.3 Response of other Informal Systems

Survivors also spoke about the responses they had received from their friends.
Two of them spoke about friends being supportive and accompanying them to

Surviving Sexual Violence / 39


the police station and one of them becoming a witness in court too. Others
narrated experiences of being ridiculed for rape and subsequent pregnancy and
were demoralized. In the case of a sixteen-year-old adolescent who became
pregnant after being raped by three boys, her friends made fun of her pregnancy.

In another case, the survivor's friends discouraged her from filing a police
complaint:

She asked her friends, "See this has happened to me, what should I do?"

They advised, "You do not do anything of this (meaning filing a complaint/reporting


the matter). Your name will get spoilt. You live in this area. People in the
surrounding area will name you, they will say bad things about you in future… he
will run away, then what will you do?" (19-year-old survivor, penetrative assault).

There were two positive experiences - one where a friend accompanied the
survivor to the police station and the other where the friend became one of the
witnesses in the court.

The responses of employers were mixed. In one case, the father of the survivor
was a lecturer in the college; he shared the issue with the authorities. They were
cooperative and sanctioned the father's leave to enable him to go to the police
station and court. However, in the case where the abuser was a co-worker of
the survivor's mother, the employer terminated the work contracts of the
survivor's mother as well as that of the abuser immediately when she filed the
complaint as he did not want any police enquiry.

4.4 Interface with School

School is a societal institution which has a consistent ongoing interaction with


children. This subsystem of society is outside the family and has a profound
impact on the development of children. The Protection of Child from Sexual
Offences Act, 2012 has identified the role that school authorities can play in

Surviving Sexual Violence / 40


prevention, reporting and intervention of cases of child sexual abuse. The
handbook for the implementation of POCSO Act for school management and
staff by NIPCCD has stated their various roles and responsibilities as per the
provisions of the Act (NIPCCD, 2017). It has emphasized not only implementing
the various measures to prevent child sexual abuse but also to respond to the
needs of child sexual abuse survivors.

The role of the school in providing therapeutic care to survivors of child sexual
abuse can be instrumental in recovery and healing. The staff of the school has
to make conscious efforts towards adopting supportive behaviour towards
survivors. This essentially requires the facility of counselling services for
survivors ensuring privacy and confidentiality. Further, it acknowledges that the
child has to relive the trauma during the period of investigation. During this period,
it is essential to provide a conducive environment to survivors in the form of
emotional safety and support. Schools need to ensure that the survivors are
able to continue their education and establish peer relationships.

Despite these comprehensive guidelines for responding to the needs of child


sexual abuse survivors, the educational institutes across the country have not
been able to implement them. In an attempt to explore the impact of sexual
assault on survivors, this study has also looked at survivors' experiences with
educational institutions, primarily schools.

Majority of the parents informed that they did not reveal the incident to the school
authorities. The primary reason for the parents not disclosing was the fear of
stigma and discrimination that the child may face in school. This clearly is
evidence of the lack of faith in school systems and indicates that the schools
may have to make considerable effort by way of creating awareness and
increasing communication with parents about abuse so that they are not hesitant
in approaching them.

Surviving Sexual Violence / 41


Some narratives in this context

"No, we did not inform the school about this………because if it gets disclosed,
it would have become a major issue as everyone would have come to know
what has happened. And she is a girl, so it would have spoilt her name (alluding
her reputation/honour). (Parent of a twelve-year-old survivor, non-penetrative
assault).

"If we had divulged, she would have been looked at in a different manner,
even by the teachers. They will look at her in different manner. Therefore, we
did not mention anything at school." (Parent of a seven-year-old survivor,
non- penetrative assault).

"…she was at home for a year and then she was sent to school….to prevent
her from being taunted/told anything at school." (Parent of a five-year-old
survivor, Penetrative assault).

Parents gave various explanations to the school such as medical reasons, or


urgent personal work etc. when the child was required to miss the school after
the incident.

"…yes, he was going to school, he used to miss the school only on days
when there was a court date. We used to tell the school that there is some
emergency work and go to the court." (Parent of a sixteen-year-old survivor,
penetrative assault).

There were only five cases where the parents informed the school authorities
about the incident, thus indicating the deep lack of faith in school system. Schools
need to take concrete steps to ensure confidentiality as well as extend support
through counselling for survivors. Of those who informed the school, the response
was mixed.

Surviving Sexual Violence / 42


 In one instance, parents informed researchers that the school took proactive
steps to ensure their daughter's safety until the school van picked her up.

 Yet another experience narrated by the mother of a survivor indicated steps


taken by the teacher to stop other children from asking the survivor to narrate
the rape experience repeatedly. When a nine-year old survivor informed her
mother about being troubled by her classmates and fearing them, the mother
approached the teacher, who took immediate steps by speaking to the children
about negative consequences of asking the child questions repeatedly. Yet
the students continued to harass the child.

 There was the case of a sixteen-year-old survivor where the parents faced
non- supportive behaviour from the school. The school did not allow the
survivor to attend classes when the court case was going on. She lost two
years of her education due to this. When the case ended, the authorities
suggested that the father shift her to another school as it was affecting the
'prestige' of school. When the parents questioned this attitude of the authorities
and said that they would report to the media and tell people how the school
was blaming the child instead of supporting her, they allowed her to continue
her education. The survivor faced a lot of discrimination in school when she
rejoined. They kept asking her questions about the incident, like why she
spoke to the boy, what did the abuser do to her. This had a profound impact
on survivor, and she failed in her examinations. The school did not take any
responsibility of ensuring the safety of the survivor in school. The school
insisted that the parents drop and pick-up the survivor from the school and
even put forth this as a condition on allowing the survivor to continue education
in the same school. The survivor's mother was forced to do this for three
years. After that, the parents took a stand and refused. The school asked
them to give a written undertaking that the school was not responsible if
anything happened to the child on her way to school and back.

Surviving Sexual Violence / 43


5. Interface with the Police

Reporting sexual violence to the police is a critical step in accessing justice


through the criminal justice system. This section describes the experiences of
survivors and their families vis a vis the police. Basic procedures, most of them
are enshrined in law, are expected to be followed when a survivor of sexual
violence reached them. ,

 The FIR can be filed in any police station, not necessarily at the one
close to the place of incident. It is the responsibility of the police station
to record a ZERO FIR and then transfer the case to the police station
where the incident occurred for further investigation. (Mumbai Police
Rulebook Part 3 Rule no. 119-A).
 Any information given to the police orally or in writing, pertaining to a
cognizable offence has to be converted into an FIR with the statement
of the informant written verbatim (Section154,Criminal Procedure
Code(CrPC).
 Once written, it needs to be read out to the informant and explained in a
language that is understood and the informant's signature is to be taken
(Section 154 (1) CrPC).
 The iinformant should get a copy of the FIR.
 It is the right of the informant to get a copy of the FIR (Sec 154(2)CrPC).
 The statement of the survivor can be recorded in any place that she is
comfortable in (Home, hospital or any other comfortable place).
 The survivor can request the presence of any person who she is
comfortable with or request that a person not be present, if uncomfortable
while giving her statement (Amendment to Section 157Cr PC by The
Code Of Criminal Procedure (Amendment)Act,2008).- The statement of
the child shall be recorded at the residence of the child or where the
child is comfortable by a woman police officer not below the rank of sub-
inspector (POCSO, 2012) The police officer while recording the statement

Surviving Sexual Violence / 45


of the child shall not be in uniform (POCSO, 2012). The statement of the
child shall be recorded as spoken by the child in the presence of the
parents of the child or any other person in whom the child has trust or
confidence. (POCSO, 2012).
 In case of threat or intimidation to the survivor and her family after filing
of the FIR by accused or accused family the police is also required to
take action against these threats. The survivor can write an application
to the police requesting police protection, citing a threat to life of the
survivor or her family.
 A Charge sheet is typically filed in court within 90 to 120 days after filing
the FIR by police. However, this might be extended under special
conditions such as if the accused is absconding or is unknown.

Out of 66 survivors, 47 expressed that they had non-supportive experiences


from the police and delays in receiving police aid. Around 19 survivors (28.7%)
expressed that their interface with the police system was supportive.

The supportive and non-supportive experiences with the police shared by the
respondents

Table 5.1 Nature of responses from the Police

Nature of responses Experiences


Non-supportive experiences  Repeated visits to the police station
 Asking uncomfortable or repetitive
questions
 Refusal to take complaint
 Delay in taking complaint
 Not reading FIR to the survivor and not
providing a copy of the FIR
 Not explaining further procedures
 No action taken in case of threats from
abuser
 Demanding bribes

Surviving Sexual Violence / 46


Nature of responses Experiences
 Attempting to settle the matter
Supportive experiences  Survivors spoken to sensitively while
taking the statement
 Provided support throughout the case
 Provided monetary support
 Took action against the threats from
abuser
 Provided emotional support

Refusal to file ZERO FIR

The police often flouted the rules pertaining to recording of a zero FIR, instead
they would state jurisdictional reasons for not recording FIR. In four cases, the
survivor had to keep going to different police stations just to record a complaint
as they were unaware about the concept of Zero FIR adding to their trauma.

All these were adult women with complaints of penetrative sexual violence. They
were asked to file the complaint at the police station where the incident happened.

A twenty-nine year old survivor shared that the police were not registering her
complaint as the incident occurred in another district; she reported that she had
to make a lot of requests to file an FIR in Mumbai.

A nineteen-year old respondent shared that she had to go to three police stations
to get her complaint lodged. She also reported that her statement was taken at
each police station and then she was sent to another police station. It was
traumatizing as she had to repeat the incident so many times.

Surviving Sexual Violence / 47


Refusal to file complaint

Nearly twelve survivors reported that the police refused to file an FIR. Amongst
these cases, three respondents reported that they had to visit the police stations
repeatedly to get their complaint recorded. The police resorted to different tactics
and told the survivors that the information would be out in the media, that the
image of the survivor would be spoilt, that their case was weak and would not
stand in court and that they could not do much to stop the abuser. Few respondents
also shared that the police tried to close the matter by merely documenting what
was reported by the survivor instead of filing an FIR.

Amongst these twelve cases, four were children, two adolescents and six adults.
In six cases, the abusers were either financially strong to bribe the police or had
a strong political connection that led to refusal by the police to file an FIR.

In cases where the survivor reported non-penetrative assaults, the police told
the family that 'nothing bad' had happened, so there was no need to record an
FIR. This meant that vaginal penetration had not taken place, so rape had not
occurred.

The mother of a seven-year-old survivor was told by the police officer: "Nothing
has happened na (referring to penile penetration) (Kuchhuatohnahina)." The
mother of the survivor told them that if they did not register the complaint, she
would approach higher authorities.

In instances where the sexual assault was by the husband, the police refused
to record complaints. Survivors reported that they had to struggle to get their
complaint lodged. A 36-year-old survivor who went to report sexual abuse by
her husband said, "I insisted that an FIR be done - I told them that there are 5
NCs already against him so now FIR should be done. They were not ready to
listen. Then I went to the DCP's office and complained about the police not filing
my complaint, gave copies of all NCs and the recent one. Then the DCP called

Surviving Sexual Violence / 48


and asked the police station as to why they were not filing an FIR. The DCP was
very angry. Then at 1.30 at night they filed my FIR."

In the case of a survivor below eighteen, the police told the parents that they
would face a number of problems if they lodged a complaint and they were
scared. "The police said that this incident will be reported in the news, your
daughter might be institutionalized, you will have to change your residence, there
will be lot of badnaami." The parents felt that this was done in order to dissuade
them from lodging a complaint.

The parent of a twelve-year-old narrated,"First of all when we go to a police


station, the police don't register an FIR. They try to close the matter by just
noting a NC and not an FIR. They make excuses (tala tal karyache). So if we go
there and inform them that it's a case of child abuse, they don't take that case
because it increases their work, it needs 5 to 6 pages to file an FIR and one
officer gets totally caught up in that work. Then they have to do Panchanama
and also investigate the matter which increases their workload. Therefore they
ignore this thing."

Supportive Experience

Some respondents said that they were provided monetary support by the police
towards the travel expenses that they had to bear for going to hospital/court and
coming to the police station for any work related to the case.

One of the respondents said that everyone from the family and neighborhood
was against her when she filed the case and they pressurized her to end the
matter. But the investigating officer encouraged her to file and pursue the case
and assured her of support.

In a unique case, where the mother of the child did not want to lodge any complaint
of rape, she described her interaction with the police. The police explained to her
that rape was a serious offence, which demands that an FIR be done immediately.

Surviving Sexual Violence / 49


They also said that the abuser should be punished for his behaviour. The mother
explained her circumstances to the police, reasons why she did not want to go
through any legal process. She was single and HIV positive and did not wish to
go to court. The police asked her about the safety of the child. The mother informed
them that she had relocated to another place and also assured them that she
will follow up for counselling for the child. The police respected her wishes after
hearing her out and ensuring the safety of the child.

A few respondents shared that the police listened to them and asked questions
in a sensitive manner. One of the respondents shared that she had received
such a good response from the police that when they had any other problem
they always met that particular police inspector as he was very supportive.
Another respondent said that till date she prays for the well-being of the police
inspector "Ajj bhi dua nikalti hai sir ke liye".

Refusals cause Delay in Filing FIR

In all the cases where the police initially refused to file an FIR, the respondents
made many efforts by approaching a higher authority, approaching an NGO or
other organizations or made repetitive visits to get their FIR filed. This caused
an unnecessary delay in filing the FIR. Survivors had to wait for long hours in
the police station. These delays resulted in waste of time and loss of wages.

Out of 62 respondents who lodged a complaint, only 20 reported that the FIR
was filed in one visit. The rest had to visit the police station more than once.
One-third of them had to visit more than four times, which reflects the sorry
state of affairs. A few excerpts from survivors' experiences are presented below:

A 22-year-old survivor said that the police had refused to file an FIR but when
there was a repeat incident she went back with a social worker from a local
NGO. The police then lodged her complaint. "Because madam from NGO
came with me while filing an FIR, the police registered it. They were not filing
the case when I had gone alone."

Surviving Sexual Violence / 50


In another case, an adult woman was kept waiting and the police refused to
record an FIR till her father came. The respondent only wanted to file the
case so that she could go to the hospital for treatment of an unwanted
pregnancy. She did not wish to inform her parents but the police did not respect
her privacy and confidentiality and violated her wish thereby making her life
more miserable.

Table No 5.2 Number of visits to police station for


registering a complaint

Number of visits to file FIR Frequency Percent


One 20 30.3
Two 12 18.2
Three 11 16.7
Four 10 15.2
Five 4 6.1
More than five times 5 7.6
NA (Not lodged a police complaint) 4 6.1
Total 66 100.0

 A forty-eight year old narrated, "I went to the police station next day again in
the afternoon so I was informed that the lady officer to whom I had made a
complaint the previous day would come in the evenin. When I went in the
evening, I was informed that she had gone for patrolling so I was had to wait at
the police station till 10 in the night."

 The father of a five-year old said that they went four times to the police station
and then they got the copy of the written complaint.

 A 38-year-old survivor reported that it took 7-8 days to file the complaint and
she had to visit the .police station 7-8 times. She was asked to get a typed
copy of the complaint but she had no idea about how to go about it and had to
approach many lawyers till one agreed to help her draft the complaint. This
entire process took considerable time.

Surviving Sexual Violence / 51


These narratives indicate that repeated visits for lodging a complaint is
discouraging and affects the resolve of the survivor to seek justice.

Copy of FIR not given to the Survivor

It is the legal right of the survivor to receive a copy of the FIR. However, two
respondents reported that they did not receive the said copy despite their repeated
requests and visits to the police station. One respondent shared that initially the
police did not give her the copy but she was able to get it after a local NGO
intervened in the matter. While few respondents got the copy of the FIR, they
shared that the police had not read out what was recorded by them. Two
respondents pointed out several gaps in what the police had recorded, especially
underplaying the incident of sexual violence and filing charges under sections
that weakened the case.

 A 34-year-old survivor with penetrative assault said, "The police did not know
the Section 376 c-a- under which I wanted to file my case- this section is for
abuse of power- aggravated rape. But I insisted. Only then they brought the
IPC, read the sections and filed the case".

 The father of a seven-year old survivor narrated that the police officer did not
apply the relevant section of POCSO- he applied only 354 and Section 8
which made the case weak.

Statement of the Survivors

Amendment to Section 154 CrPc states that the statement of the survivor should
be taken at a place which is non-threatening and where the survivor is comfortable.
Also under POCSO, the statement of the child should be taken by the police in
civil clothing. However, one respondent shared that the police had come to her
house to take the statement but in uniform, which frightened the child survivor
who clamped up. All the neighbours came to know about the incident which
made it more stressful for them.

Surviving Sexual Violence / 52


Another respondent when asked whether the police had spoken to the child
separately replied, "No, they didn't ask us all this privately, it was in front of
everyone."

Nearly 57 individuals out of the 62 who lodged complaints reported that the
complaint was filed at the police station. Five of them reported that the police
had come to hospital and completed all the paper work or took their statement at
the hospital when they were admitted. All respondents shared that the police
spoke to them in the presence of a supportive or trusted person.

In all the cases of child sexual abuse, the respondents said that the statement
was taken in the presence of one of the parents, mostly the mother.

Interface with the Medical System

Immediate Medical Examination


In accordance with Rule 5 of the POCSO Act and guidelines for survivors of
sexual violence, the police must accompany the child for medical examination
and treatment, but in four cases, it was reported that the police did not accompany
the survivor to hospital and they were asked to go on their own. The police gave
excuses such as "It is a holiday', 'No one can come with you'. Travelling to the
hospital was an extra financial burden.

A 25-year-old respondent who went to the police station with the complaint of
non-penetrative sexual violence shared,"I myself went to hospital, they did not
take me to hospital, I had to spend money on travel to hospital."

The father of a 16-year-old with a complaint of penetrative sexual violence


narrated, "The police did not take her for medical examination and treatment,
she was complaining of stomach ache but we were sent home. The following
day, the police asked us to take her to hospital on our own saying that it was a
holiday so there was nobody to accompany us to the hospital."

Surviving Sexual Violence / 53


Repeat Medical Examination

Two respondents shared that the police insisted on a repeat medical examination
at another hospital without offering any reason. This was traumatizing for the
survivors as they had to go through the entire process again. The police are
often unaware of the scope of medicolegal evidence, so if the medicolegal records
do not match their expectations, they take the survivors for a repeat medical
examination. It also reflects on the doctors who agree to conduct such
examinations repeatedly without any valid reason.

The father of a 16-year-old narrated, "The police took her to another hospital in
(XYZ suburb) - they said that the reports from a municipal hospital, can
sometimes be wrong and so they took her to another hospital." The extent of
insensitivity was so high that in one instance, both the accused and the survivor
were taken in the same van for medical examination, thus, re-traumatizing her.

Response of the Police to Repeated Threats by Perpetrator

Nearly 42 out of the 66 survivors reported facing harassment from the perpetrator
and/or his families and relatives after they filed an FIR. Around 14 respondents
reported that they were threatened and abused verbally. They reported that they
the perpetrator had threatened to kill them, harm the survivor or her loved ones,
repeat the offence, or even post the survivor's photographs on social media.
Two respondents reported that they were abused physically and verbally after
they filed a case. In fact, one of them reported that the abuser tried to kill her but
somehow she managed to escape. Four respondents reported that they had
been abused verbally and that the perpetrator made false allegations against
them and spread rumors. False allegations included allegedly taking money from
the abuser, that the survivor's brother had raped the abuser's sister, and that
the survivor was lying about the incident. Around 18 respondents reported
harassment in the form of contacting them, offering them money or coming to
them and pleading so that the case would be withdrawn.

Surviving Sexual Violence / 54


Table 5.3 Type of Harassment

Type of harassment Numbers


Asking for settlements 18
Verbal abuse and threats 18
False allegations and rumours 4
Physical abuse 2

Nearly 16 of the 20 respondents who had been either threatened or abused by


the abuser had lodged written complaints to the police. The other four said that
they ignored the threats and did not take any action. Few of them who were
repeatedly getting abused approached the police more than three or four times.
But these complaints were not taken seriously by the police and no action was
taken. Only in two cases, the police took cognizance of the threats that the
survivor and the family were receiving from the abuser. A non-cognizable (NC)
was noted by the police and the abuser was warned against repeating
harassment. In one instance, the abuser was kept in the lockup after which the
threats stopped. In all the other cases, the police gave advice to the survivors
such as, "Try speaking to the survivor or wait for another threat or avoid meeting
the abuser".

A 19-year-old survivor reported that the abuser called her repeatedly, he pleaded
initially but started threatening her with dire consequences if she did not withdraw
the case. When the respondent approached the police about the threats, the
police suggested that she break her sim card or throw it away or simply not take
his call.

Survivors were admonished by the police for repeatedly wasting their time and
asking them to do the same thing over and over again. In one case, the abuser
threatened the survivor very often; when she reported this to the police, they
asked her to dialogue with him and if that failed and the harassment continued,
they would look into the matter. There was such deep-rooted apathy that despite
the survivor's receiving death threats, the police did not take action to prevent
or deter the abuser forcing the survivor to live in constant fear.

Surviving Sexual Violence / 55


While narrating these incidents, a few of the survivors expressed their complete
lack of faith in the police system and felt that it was useless to go to the police.
One of the fathers rejected the suggestion that a letter to the higher authorities
be written to stop the ongoing abuse by the accused. Having made several
rounds of the police station and being aware of the political power that the abuser's
family held over the police, he said, "There is no point in going to a higher authority.
They can hit me, kill me but I am not going to withdraw the case," indicating his
resolve to fight the system despite the insensitivity of the police. He was from
the minority community and the abuser had close ties with the local political
party office. He felt that his complaint would not be heard because he was a
Muslim.

Interface with Child Welfare Committee (CWC)

Reporting of Cases under POCSO

As per the POCSO Act 2012, the police are required to inform the Child Welfare
Committee (CWC) within 24 hours of an incident of child sexual abuse. The
purpose of involving the CWC is to assess the safety and security of the child.
Amongst the 45 survivors who were under 18 years of age, only 10 survivors
were reportedly presented before the CWC. This indicates that the police use
their own discretion about involving the CWC.

Of the four cases of elopement where the girls were below age 18, two girls
were provided shelter facility to protect them from abuse from their parents and/
or relatives. In both these cases, the girls reported that the WPC (Women Police
Constable) was very supportive, provided emotional support and did not blame
them for running away from their parental homes. The girls were able to confide
in the police about the pressures from their parents.

Surviving Sexual Violence / 56


Filing Charge Sheet

The police are expected to file a charge sheet within 90 to 120 days in a court
after filing the FIR. In 65% (44) of the cases this was complied with. This period
may extend if the accused is absconding or is unknown. Around 23 respondents
reported that their charge sheet had been filed within three months of filing the
FIR, 21 shared that the charge sheet was filed within 3-6 months, 3 respondents
shared that the chargesheet was filed after 12 months of filing the FIR, 2 informed
that the accused was not arrested and therefore the chargesheet had not been
filed, amongst them one is unknown and another is absconding. In another case
the charge sheet was filed after two years although the accused had been
arrested immediately.

Table 5.4 : Time Required for Filing the Chargesheet

Frequency Percentage
Within 3 months 23 34.8
3-6 months 21 31.8
6-12 months 10 15.2
After 12 months 3 4.5
No information 2 3.0
Abuser not arrested 2 3.0
NA(FIR was not registered) 4 7.6
Total 66 100.0

Surviving Sexual Violence / 57


Compensation

Compensation is the right of the survivor. The Government of Maharashtra has


been implementing Manodhairya Scheme for the rehabilitation of victims of Rape
and Acid Attacks (Women and children) by providing them Financial Assistance
since October 2013 (https://timesofindia.indiatimes.com/city/mumbai/
Maharashtra-launches-Manodhairya-scheme-for-rape-victims/articleshow/
22490571.cms). The scheme offered INR three lacs compensation which was
later revised in 2017 and as per the scheme, all rape survivors can now avail
themselves of financial assistance of INR one lac and in special cases, INR ten
lacs for rehabilitation of victims and their dependents by way of shelter,
counselling, medical and legal suppor t and education. (https://
womenchild.maharashtra.gov.in/content/schemes/manodhairya-scheme-for-
rape-victims--children-who-are-victims-of-sexual-offences-and-acid-attack-
victims-women-and-children.php).

Amongst the 66 respondents, 47 were eligible to avail themselves of this scheme


as they had filed the FIR after October 2013. Amongst those eligible, only seven
have had the benefit of the scheme and received money. Of these seven
respondents, two were cases of child sexual abuse, two were adolescents and
three were adults and four survivors had faced chronic abuse. While one survivor
with mental disability received the amount, the other six receiving compensation
had suffered severe health consequences as a result of assault such as
pregnancy, white discharge in the case of a child, bite marks over the genitals in
a six-month old baby and attempted suicide. In a rare instance, a woman
experiencing severe and chronic sexual abuse from her husband was able to
receive financial aid under this scheme even when she reported a non-
supportive response from the police and health system.

Those who did not receive financial aid said that they were unaware of such a
scheme. The police did not provide them this information and those who knew
and had availed themselves of it had to face the wrath of the police who accused
them of having filed a rape case to get this money.

Surviving Sexual Violence / 58


Asking Uncomfortable or Repetitive Questions

The most repeated concern raised by the survivors was the uncomfortable
nature of questions asked by the police. There would be a spate of questions
and the same set of questions would be asked by different cadres, from the
police constable to the police inspector. If there was even the slightest
inconsistency, the survivor would be made to repeat the description of the whole
incident again.

The mother of a three-and-a-half year old who reported to the police about the
non-penetrative assault said, "I had such a bad experience with the police…my
daughter, she was very small then, she was not grown up, she was only 3 - 3.5
years old. Right from the police sub inspector to the lady police constable, they
asked her many questions. I wanted to ask them why they asked such a small
girl so many questions and why they did not question the accused instead…"

The survivors reported that they were asked irrelevant questions and were
blamed very often for their responses. In one instance, a child was blamed,
"You are lying about the abuse… You are very mischievous in school, how can
we believe your narration?"

The nature of questions, the repetitiveness and the accusative tone added to
the trauma of the survivors and their families and made them feel that they were
responsible for their condition. In a case of oral sexual abuse, the police
repeatedly asked questions such as, "Where did the abuser touch", "How exactly
did the incident occur? Did he ask you to take it in your mouth?"

Survivors recalled how traumatized they felt when the police asked them if they
had enjoyed the act at that point. Many survivors blamed themselves for having
approached the police and stated that the way they were treated left a deep
impact making them feel worthless. Some felt that they were at fault for letting
the abuser to carry out the act and wanted to end their lives.

Surviving Sexual Violence / 59


Such negative comments affected survivors. In one instance, the child was so
traumatized by such questioning that the parents decided not to file the FIR.
This was the case of three-year-old who was abused by her mother's coworker.
He had inserted his hand in her panty when the girl shouted as she had been
taught about good and bad touch. The mother decided to file a complaint but
they were kept waiting at the police station till midnight and the little girl was
asked to repeat what happened several times. She was then asked to go for
medical examination and come back with the report.

Demand for Money

The respondents spoke about corruption and said that the police demanded
money (bribe). In quite a few cases, the police asked both the survivors and the
abusers for money. Some survivors reported that the police accused them of
filing false complaints and demanded money for registering one. In one instance,
where there was a threat to the life of a survivor, instead of offering police
protection, there was a demand for money. The police when approached said, "If
you want protection then you will have to pay for it, the government does not
give money." The respondents reported that at times, the police took bribes
from the abusers and released them soon after they were arrested; in some
cases they did not take much action against the abuser, and sometimes delayed
in lodging a complaint or refused to lodge a complaint because the abusers had
given them money. One parent reacted that the police did not work as per law
but as per money 'Police Kayade se nahi chalti - paise se chalti hai'.

Attempt to Settle the Matter

The police also resort to "settling the case" so that they do not have to record an
FIR and initiate investigation. In one instance, the survivor reported that the
police called for a meeting at the behest of the abuser so that a settlement could
be reached; in some instances, the police themselves stated that the case could
be settled if the abuser paid money to the survivor, suggesting that this could
help the survivor to vacate the house and relocate to a new place. This was

Surviving Sexual Violence / 60


thought to be a resolution. Survivors reporting marital sexual violence stated
that the police did not understand marital rape and trivialized it as a husband-
wife quarrel. There was constant mention of "He is your husband after all". Despite
these hurdles the survivors continued to pursue legal justice.

Biases and Prejudices of the Police

Some of the respondents spoke about deep-rooted biases of the police against
certain communities and women.

The father of a four-year-old who went to the police station with the complaint of
penetrative sexual violence did not receive any supportive from the police. They
demanded money and he later learnt that the abuser had paid the police and so
they took no interest. He expressed "The police response alters when they see
a cap and a beard, you understand? If you are a Muslim, they will never help
you. The perpetrator was a Muslim like me but the police helped him as he must
have given money and he was also working for the Shiv Sena".

A 38-year-old survivor who had been facing chronic sexual abuse from her
husband said, "The police do not have any will to do anything. These are all
crimes (those against women) that are less important, these are all trivial matters
according to them…(Phutkal vat ta). For the police, murders or other bigger
crimes are important. And then in cases of sexual abuse from the husband,
they look at it only as a husband-wife quarrel and they keep on mentioning, 'He
is your husband after all'…and their constant language is of settlement."

Surviving Sexual Violence / 61


6. Interface with Hospital Systems

Sexual violence has physical and psychological health consequences. Survivors


may reach a doctor for treatment of injury/infection/ pregnancy or may be brought
by the police after an FIR has been registered. In both scenarios, the hospitals
have to provide treatment and carry out a medicolegal examination. Three public
hospitals have been following standard procedures for all cases of rape. Data
emerging from these three hospitals indicate a high compliance as far as relevant
medical examination, history documentation, evidence collection and provisional
opinion were concerned.

All that is mentioned below as the expected role of hospitals and health
professionals was being implemented and monitored by the monitoring committee
set up in these three hospitals.

The Expected Role of Hospitals and Health Providers

 Hospitals must provide immediate treatment to survivors of sexual violence,


without insisting on police requisition/memo or FIR. Not respecting
voluntary reporting to hospitals is a punishment under Section 166 B.
Services in the form of treatment and examination cannot be denied to
survivors for the want of a police requisition or filing a First Information
Report (FIR) (Sec 357C CrPC).

 All public and private hospitals should provide immediate treatment.

 In case of children, the medical examination shall be conducted in the


presence of the parents of the child or any other person in whom the child
responses trust or confidence. (POCSO Act, 2012)

 Hospitals must follow the MoHFW Guidelines and protocols issues by the
MoHFW in 2014. This requires them to seek informed consent for every

Surviving Sexual Violence / 63


aspect of the medicolegal examination, document the history of violence,
collect relevant evidence, examine in a gender sensitive way and provide
medical opinion by interpreting the history and clinical findings.

 No comments on the size of vaginal intoritus, or irrelevant comments on


hymen can be made as per law and ministry guidelines.

 A copy of the medical report must be given to the survivor by the hospital,
free of cost.

The respondents were asked to describe their experience at the hospital. Some
gaps related to the hospital response in terms of procedures and providers'
attitudes emerged in the narratives.

Nearly 42 of the 66 survivors mentioned that they did not face problems at the
level of the hospital, while 24 mentioned that they did not receive adequate
response at the hospital.

The respondents who said that they had a favourable experience at the public
hospitals described the aspects of the response that they found favourable.

Attentive Listening

Survivors reported feeling comfortable disclosing details of sexual assault. They


attributed it to the sensitivity with which questions were asked about the assault.
Some narrated that the doctor did not rush them but took time to listen. The
father of a seven-year-old who was brought to hospital for a medicolegal
examination with the complaint of non-penetrative sexual violence expressed,
"They spoke to her in a kind way, asked her questions properly, checked her
properly."

Surviving Sexual Violence / 64


Establishing Rapport with Young Survivors

Most parents said that doctors and nurses were friendly with the child and spent
time to make the child feel comfortable. One of the parents described how the
doctor built trust in the child and made her feel comfortable by taking her to the
post-natal unit along with her mother. The doctors showed her the babies in the
ward and gave her adequate time to get to know the place and only then
examination commenced in the presence of her mother.

The mother of a five-year-old narrated, "My child was admitted for two days.
Doctors and nurses were very nice to her. She was in pain during the sample
collection but the doctor handled it well."

Demystifying Medical Procedures

As the medical procedure requires checking different orifices, especially genital


organs, it can trigger discomfort in the survivors. Some may be in pain too.
Survivors reported that health providers explained the need for such examination,
the meaning of swab and other evidence collection and the role it can play in
apprehending the accused. Such information made the survivors feel comfortable
with the procedure, and though it was not easy/comfortable, they reported that
the staff behaved respectfully towards them.

Immediate Treatment

Respondents said that they were given immediate treatment. Some of them
were even advised admission so that they did not have to return for tests and
referrals to other departments. Hospitals need to complete the full examination
and investigations on the same day but are unable to do this for some referrals
such as X-ray, pathology test or Ultrasound. One of the respondents whose
sister suffered burn injuries said that the hospital did its best to provide burn
care and made all efforts to refer her to a speciality hospital for burns. He felt

Surviving Sexual Violence / 65


that the highest quality of care was provided to the girl but it was unfortunate
that she succumbed to her injuries.

"Our experience was good and we didn't have to go back. We got everything
free. The doctors were cooperative. The nurses also behaved very well with us.
They admitted her and gave treatment. Their behaviour was good." They also
stated that the questions were asked in a sensitive and comfortable manner to
the survivor. The procedures were explained properly by the doctors. "The doctors
were okay. They heard and wrote down properly what was told to them. They
asked questions softly, the medical check-up was done properly, they wrote the
report and gave us the report saying you can take this to the police station."

Creating an Enabling Environment for Disclosure at the Health


Facility

In one case, the doctors were able to identify child sexual abuse based on the
health complaint. They created the necessary environment to enable the child to
speak up. A child with mental disability was brought to the hospital for heavy
bleeding. During examination, the doctor noted fungal lesion that indicated sexual
abuse. He alerted the mother and then along with the nurse, child was asked
about any sexual contact. The child revealed that a man came to her house with
a knife and threatened to kill her mother if she told anyone about him.

Non-Compliance with the Expected Standards

Treatment at Hospitals Conditional to Recording an FIR


Fourteen of the sixty-six survivors voluntarily reported to the hospitals. They
had come directly to the hospital with health problems such as pain during
urination, physical/genital injuries, vaginal discharge and unwanted pregnancies.
Upon reaching the facilities, four survivors were asked for a copy of the complaint
made to the police stating that it was a mandatory requirement for conducting a
medicolegal examination. It has been clarified in the law that rape is considered
a medicolegal emergency; hence the treatment ought to be initiated immediately.

Surviving Sexual Violence / 66


Yet in practice, survivors had to wait for the social worker to intervene or the
police to reach the hospital.

In one instance, the mother of a survivor reported that her daughter was bleeding,
semi-conscious and in pain, but was made to wait till the police arrived at the
hospital and treatment was started only after the police recorded the complaint.
"In the hospital they told us that they cannot admit her just like that (without
police requisition). The hospital staff telephoned the police and only after the
police came, they admitted her. No, they did not start any treatment until then,
my daughter was bleeding and she was unconscious, but they did not even
touch her … did not even touch her. The police came did the paper work and
only then they started treatment."

In another instance, a survivor of marital rape was denied medicolegal


examination in two hospitals despite her many requests. She had reached the
hospital on the advice of her lawyer as her case against domestic violence was
in court. The husband denied having any contact with her but would frequently
visit her and forcibly keep sexual contact. The lawyer advised her to get a
medicolegal examination done. The hospitals told her that there can be no rape
case against a husband and asked her to bring the police with her if she wanted
any medical examination. She ran from pillar to post but was told by the police
and hospital that there could be no "marital rape". The lawyer then referred her to
Dilaasa hoping that the hospital where Dilaasa was located will be sensitive to
the issue. She had to face snide comments such as "If this is done by your
husband then we cannot do medical, bring the police and we will see…" until the
Dilaasa counsellors intervened.

Some negative experiences were blatant wherein doctors yelled at the families
of the survivors for bringing them late, especially when nearly two months had
elapsed after the assault. In this particular instance, the doctor accused the
survivor's father of lying about the abuse.

Surviving Sexual Violence / 67


Delay in Initiating Examination/Turning Away

In another instance, a survivor was turned away for want of medicolegal papers.
When she was sent to a public hospital they referred her to another hospital
because of the absence of a gynaecologist. Running from one hospital to another
and awaiting their turn for medical care took over seven hours.

Survivor denied a Copy of Medical Proforma

Two survivors reported that they were provided with treatment but they were
not given a copy of the medicolegal proforma. A 22-year-old survivor who had
experienced penetrative sexual violence when asked about the report of
medicolegal examination said, "I was not given the copy of examination and it is
with the hospital."

Examination to be Conducted in Private and in the Presence of a Trusted Person


One adult survivor with mental disability reported that she and the abuser were
taken together for examination. The person accompanying her was not allowed
inside. She said this made her feel very scared.

When she was taken to the hospital, she was asked to sit at a distance. Both
the survivor and the accused were taken inside. First she was asked many
questions and later he was asked many questions. Later she was examined
and then he was examined. But they did not scold him, they did not get angry
with him. (This was said as an expectation that the hospital should not have
been kind to the accused). She was scared throughout. She was alone inside.

Denial in Initiating Immediate Medical Treatment

Two survivors reported that they did not receive any treatment from the hospital.
One was a child who was brought to the hospital with a complaint of pain,
tenderness and redness in the genital area She was kept waiting for a long time
as she was transferred from one department to another. By the time the

Surviving Sexual Violence / 68


examination commenced, the family was so tired with the long waiting period
that they decided to leave as soon as the evidence collection was over.

In another case, an adult woman reported pain in the rectum and injury in the
anal area but she did not receive any treatment. She was examined and sent
back home without any treatment.

Two survivors mentioned that they reached the public hospital after the incident
to access treatment but they were referred to another public hospital for rape
examination. This caused delay in receiving treatment.

Describing the long wait, the father of a 16-year-old boy with complaint of
penetrative sexual violence said, "It took four hours to start the process, so the
experience was bitter. Because it required more time and in the first place we
are….survivors (pidit), and in spite of that… …I think the doctor was not available,
we had to wait, but then they arranged for the doctor as in his case a male doctor
was needed to perform the examination."

The mother of a five-year old when asked about the time that they had to wait in
the hospital said, "We went there (hospital) at 6 in the evening…. The incident
had taken place in the afternoon, but the police took us in the evening. Then
even at the hospital, the examination took time. It took some hours. I returned
from the hospital at 12 in the night."

Lack of Gender Sensitivity

In three cases, the doctors commented on the hymen when it was not relevant.
Two of them had reported non-penetrative assault so there was no indication for
any examination of the hymen, thus indicating how routine and 'out of context'
such comments are. In the third case, the survivor reported penetrative assault
after two days and even in such cases, there is a clear directive from the MoHFW
guidelines to note only clinical findings such as swelling/bleeding/fresh injury.

Surviving Sexual Violence / 69


Insensitive Response

The doctor was not ready to touch and conduct the examination of the child. He
asked the mother to hold the genitals and said that he would see it from a distance.
The mother was asked to collect the vaginal swab and the clothes of the child
were taken away as evidence. However, she was not provided with another set
of clothes. The doctors were not behaving properly with the parents.

Refusal of Treatment by Private Health Facilities

Five of the 66 survivors went to a private doctor first to seek health care. Contrary
to the legal responsibility cast on private health providers to offer immediate
medical care free of cost, the survivors and their families were asked to go to
public/government hospitals as private providers did not want to get embroiled
in medicolegal issues such as "rape". The commonly reported responses were,
"This is rape, you will have to take her to a government hospital", or "This may
be rape I don't handle these cases".

Even while survivors were turned away, first aid was missing in these
instances. In the words of the father of a six-year-old girl, "My daughter came
home crying, her face was swollen, she tried to tell us about the episode, but
as she was hurt we rushed her to a nearby private doctor, but he said go to
public hospital, what to do? I had to ensure that my child was treated so I went
to a public hospital directly from there…."

In another instance, a survivor realized that she missed her periods and
went to a private provider. Upon doing a sonography she was informed that
she was four months pregnant. When she requested for an abortion, the
doctor quoted an exorbitant fee, which was impossible for her to pay. The
doctor then went on to advise her to file a police complaint and go to a public
hospital.

Surviving Sexual Violence / 70


In a case of marital rape, the survivor had been beaten up by the abuser
resulting in physical injuries, but she was denied treatment in two private
hospitals.

In another case, the mother took the daughter to a doctor close to their house
as the child was complaining of pain. The doctor examined her and told the
mother that this was sexual abuse and so she must go to the police station.
The mother followed the procedure but the child had to suffer pain till all the
procedures were completed.

All these survivors had suffered an injury but treatment was not provided to
them immediately. The respondents could not insist because they were not aware
of the fact that private doctors were bound by law to deal with cases of rape.

Irrelevant Questions and Comments Against Survivors

Survivors had to face different forms of insensitivity while accessing health care.
Respondents shared that they were asked very awkward questions by the health
providers or insensitive remarks or comments were made which made them
uncomfortable and sad.

One of the respondents shared that even at the registration counter of one of
the hospitals she was asked questions like, where was she touched? The man
at the counter said, "Bad thing has happened (arre re vaayeetzhala)." There
was no relevance to ask such questions at the registration counter. This made
the mother so angry with the man at the counter and she said, "I did not wrap
her (survivor) up, I thought, "See whatever you want to see" I was strong so I
managed, otherwise how will poor people cope up with all this?"

Healthcare providers showed even less sensitivity if the survivor was known to
the perpetrator assuming that it was a "consensual act". In one instance, an
adolescent survivor became pregnant as a consequence of the sexual act. Her
partner had convinced her that they were anyway going to marry so sex was a

Surviving Sexual Violence / 71


part of the relationship. A few months down the line, he refused to receive her
calls and denied that he had made any commitment to marry her. The survivor
filed a complaint of rape on grounds of false promise to marry. She soon realized
that she was pregnant. Upon seeking abortion services, the HCP remarked,
"Why do you want an abortion? You anyway won't get him (conveying that he
has betrayed you and now you are not going to get anything"!). The survivor
expressed what was going on in her mind, "Nahi mile to kyahua!! A wrong thing
has happened to me. I could have gone secretly and could have got the abortion
done from some doctor, what's the point in that case? Such people should
definitely get punished."

Blaming survivors was common. Comments such as "Women do this to get


men", "They defame men", "Do not have a good character", were used against
adolescents and young women.

Such comments were not restricted to adolescents but extended to child


survivors. To illustrate, a child survivor was made to visit several hospitals,
finally one of the government hospitals examined her. During the examination,
the nurse was preparing the child for a vaginal examination. When the child
opened her legs allowing for a vaginal examination, the nurse said, "How come
she is lying on the bed like this? How has she quickly opened her legs?" The
mother was hurt by such a comment but had to remain quiet for purposes of
examination.

Procedural Rigmarole

The medicolegal examination and treatment is expected to be carried out in a


single visit to the hospital unless she requires admission for long-term care. But
survivors said that they were being asked to come back for different procedures
- blood for running clinical tests for infections if any, urine pregnancy test, x-ray,
dental examination and so on. Often they were unaware of its significance.

Surviving Sexual Violence / 72


One respondent shared that she had to visit the hospital many times for different
tests to be carried out. However, all the tests should have been done only once
and she found it very troublesome. "My blood was not taken on the first day.
First day, all the internal check-ups were done. Then the next day my blood test
was done. I was told that one more test was remaining but I did not understand
why all the tests were not done on the same day. At the most they should have
taken two days but I went for many days with the lady constable. The medical
examination was not completed in one visit. I had to keep going there for some
test or the other. Every time I was asked to stand in a queue, and had to keep
following up with different departments for my reports. It was all a mess, I felt like
I was going round in circles."

No Provision for Follow up at Public Hospitals

Six survivors sought health care in private hospitals after completing the
medicolegal procedures in public hospitals. Though public hospitals were
equipped to provide therapeutic care, these survivors did not go back. Survivors
perceived that the role of public hospitals was only to carry out medicolegal
examination. They preferred a private facility for follow up treatment. The
treatment and care received by them also played a major role in their follow up
at the public hospitals. In one instance, though the hospital admitted the survivor
as she required treatment, her parents found that they were not really paying
adequate attention. So they sought discharge against medical advice and took
her to a private hospital. The family could barely make ends meet but were
rendered helpless.

Though rape survivors have to be prioritized amongst other patients, survivors


mentioned having to wait in long queues right from the registration counter to
diagnostic services. Sometimes survivors were admitted not because they were
in need of treatment but to complete referrals to other departments. However,
these aspects were not appropriately explained to the families.

Surviving Sexual Violence / 73


Psychological Support Received

Nearly 47 respondents shared that they received psychosocial support from


Dilaasa, which works with these hospitals for the support of cases of Violence
against Women. A survivor narrated that the presence of the person from Dilaasa
helped them a lot throughout the process. "They really supported me a lot,
counseled me built my confidence, I went to Dilaasa 5-6 times,"she said. "A
madam came from Dilaasa. She had come to the hospital too and showed
concern. I contacted her later too. After that the doctor and even the police
behaved well with me and my daughter."

Surviving Sexual Violence / 74


7. Interface with Court

In this study, respondents were asked about their experience with the court in
seeking justice. The information given by the participants has been analysed
against the procedures that need to be followed in cases of sexual violence.
These procedures are mentioned below in a chronological order.

Once the police have filed a Chargesheet in court, a date will be given
by the court for the trial to begin.This date along with details of the court
and court room number where the trial will be held will be informed to the
survivor (and the witnesses) via summons.

The examination of the survivor shall happen in camera-which means


that there will be no general public present there.The only people present
will be the judge, the Public Prosecutor, the accused, the defense lawyer
and the staff of the court (Amendment of Section327 CrPC by the Code
Of Criminal Procedure (Amendment) Act,2008).

During any examination (examination-in-chief&/or cross examination),


questions or comments regarding the survivor's general immoral
behaviour or past sexual experience are not permitted (Amendment to
Section 146 of Indian Evidence Act by Criminal Amendment Act of 2013).

This special court, as far as possible should complete the trial within 1
year of taking cognizance, i.e.,from the first date of hearing (Section35(2),
POCSO Act,2012).

The special court shall not permit aggressive questioning and ensure
that the dignity of the child is maintained at all times during trial (POCSO,
2012).

The Criminal Procedure Code (CrPC) has set up a deadline of 60 days


for completion of rape trials.

Surviving Sexual Violence / 75


Out of 66 cases, a police case was pursued by 62 survivors to seek justice,
while in four cases, no police complaint was made. In two out of these four
cases, the abusers were unknown and therefore the police were not able to find
them. In another case, the abuser was a close family member, so the family
decided to not make a formal complaint but took all the necessary action with
the support of extended family members to prevent the child from further abuse.
In one case, the abusers were very powerful, so the mother consciously decided
not to make a police complaint, changed her residence and sought support
services for her daughter in the form of counselling from an organization for
more than a year.

The experiences shared by the respondents largely pointed towards multiple


visits to courts, delay in trials, being asked uncomfortable and repetitive
questions, insensitive remarks by judges, uncooperative and disinterested public
prosecutors, support person not being allowed inside the courtroom in cases
involving children, though POCSO (2012) has this provision to enable a
comfortable atmosphere for the child. Few good practices in contrast were 'judge
being supportive', 'preventing defence lawyers from asking insensitive and
repetitive questions', being given adequate information about court procedures
and a set of dates for the hearing, creating a child friendly environment in the
court and having supportive public prosecutors.

Informing about Trial

There were eight respondents who reported that they had never been called to
court and that they did not have any information about the status of the case.
Out of these eight, four were children, one an adolescent and three were adults.
Four cases reported penetrative and four reported non penetrative sexual
violence. In three cases, the incident occurred in 2013, three in 2014 and in two
cases, the incident was reported in 2015. This indicates the long delay in reporting
cases involving children and penetrative assaults.

Surviving Sexual Violence / 76


Most of the respondents were informed about the court dates by the police
either when they followed up or when the case came up for hearing. Only one
respondent mentioned that she had received summons to be present in court.
A 29-year-old survivor who had never gone to court said, "We have not got any
summons but we have gathered information from the internet. We did not know
anything, not even the dates. So my husband searched the information from
the internet." In this case, the survivor's husband accessed the internet and
was able to reach the court on the day of the hearing. However, majority of the
survivors and their families have no other means to get information but through
the courts.

The father of a five-year old said, "After 6-7 months, I got a call from the police
and I was called to the police chowky. When I went there he handed me a letter
and said this is a letter from the court, I said okay and signed it and said I am
ready to come and after that my dates for hearing started in the court."

Hostile Questioning and Witness Intimidation

For the survivors who reached the court, they shared their discomfort about
being asked humiliating questions by defence lawyers and repetitive questions
by judges. Even the children were not spared the ordeal and the mother of a
survivor expressed her distress on how the child was repeatedly asked to narrate
details of the assault with questions such as how did the act of violence occur,
where was the child touched. This type of questioning took a toll on the emotional
well-being of survivors and their family members. It interfered with their recovery
from the incident and caused secondary victimization.

The father of a six-year-old said that the child and her mother were asked by
the defence lawyer, "Did he remove clothes and then what did he (abuser)
do?" The father lamented, "They were asking a whole lot of questions, now
what to tell you madam! So my wife had a fight with him…the private lawyer
(defence lawyer), when he was asking 'dirty words' (gandashabd)… he was
asking my wife if the girl's clothes were removed …"

Surviving Sexual Violence / 77


An eight-year-old's mother who was deposing as a witness shared, "The
lawyer who was from his side (defense), was asking different types of questions
(veg veglevichtrapananevicharathota). You have sexual relations with your
neighbor and so on…"

The father of a 16-year-old said, "The private lawyer was asking dirty questions.
He asked if the girl's clothes were removed. He asked my daughter and
even my wife…"

Defence lawyers asked irrelevant questions not only to survivors but also to
other witnesses.

A five-year-old's mother narrated, "I was asked all kinds of personal questions
by the defence lawyer other than those concerning the episode - Is this your
second marriage? Why did you have an interreligious marriage?" All these
queries were to intimidate her and an attempt to malign the survivor's mother.

The mother of a 15-year-old survivor said, "The Defence lawyer's behaviour


was not right, he was not asking any questions properly, he was threatening
and making us scared. First he asked me about my caste and then asked
how my marriage was fixed."

The mother of a 14-year-old survivor said, "They used to play mind games.
They kept talking about random things, and then they would come back to
the question, then again talk about other things and come back to the main
matter. They were trying to confuse me by asking questions too fast."

Negligible Role of Public Prosecutor (PP)

Survivors informed that PPs would often be absent on the date of the hearing,
sometimes even if they were in the court, they would disappear at the time of
the hearing.

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In the words of a survivor, "Due to negative experience with PPs I prepare
myself for the case by reading law books and observing lawyers at court ."

A parent of a five-year old child shared that the PP was not present during
the cross-examination of the mother, "The PP was just listening. When the
defence lawyer asked irrelevant and uncomfortable questions, the PP was
just sitting there….When my statement was being recorded the PP
disappeared, there was his lawyer and my lawyer, I was handling the situation
alone because the defence lawyer was asking me difficult and tricky questions.
He was asking questions which were not relevant, but I understood why they
were torturing me."

The court experience was particularly frustrating for one of the survivors as
four PPs changed in a year. She said that she had just established a certain
level of comfort and the first PP was responsive, when he was transferred
and the later ones were not at all supportive. The survivor stated that the PP
did not know anything about the case. The previous lawyer used to counter
the opposition lawyer when he said something to discredit the survivor, but
this lawyer did not know anything.

None of the survivors were equipped by the PPs to depose in the court, to
answer questions and deal with cross-examination.

The parent of a five-year old was asked whether they had met the lawyer
before deposing in court. She said, "The lawyer did not explain anything, not
even to my daughter, about how to give the statement. They just took the girl
and made her stand in front of the judge, closed the door and started asking
her questions. She told them whatever happened."

Inconsistent Support in the Courtroom

Protection of Children from Sexual Offences Act, 2012 (POCSO), had laid down
a specific procedure and powers to special court for recording of evidence in

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the court. It says that the special court shall create a child friendly atmosphere
by allowing a family member, a guardian, a friend or a relative in whom the child
has trust or confidence, to be present in court. But this was found to be far from
true. In the case of four minor survivors, they were asked to be inside the court
without any support person and not even the parent or immediate family was
allowed inside.

The mother of 5-year-old shared, "My daughter's statement was taken thrice.
But I was not informed or asked to be present. If her statement was going on I
should have been allowed to sit with her but they allowed the accused and his
mother sit together behind and I was asked to sit out."

The mother of of a 13-year-old shared, "They did not ask the child anything in
front of We were kept separate. When my daughter was called inside it was in
camera so the judge was there. Lawyers from both the sides, the accused and
my daughter were there. I was not allowed."

The mother of a seven-year-old said, "My daughter's statement was taken


properly I think. But I was not allowed inside. The judge, two lawyers, the accused
were there. My daughter took oath and said that this is the man who did things to
me."

Blaming Survivor/Mistreatment

Some survivors reported that the treatment meted out to them was bad and
they were blamed for the sexual violence. Some survivors also revealed
instances of mistreatment at the hands of judges.

A 35-year-old survivor, who deposed for the first time in court was unable to
answer a question by the defence lawyer as she got very scared. She also
narrated how the judge scolded her but no effort was made to create a
supportive atmosphere for her to depose without fear.

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The mother of a nine-year-old survivor filed case against her husband for
sexual abuse of her daughter and domestic violence against her and also
applied for divorce in the court. She got free legal aid. The lawyer suggested
that she withdraw the case. Her lawyer never used to come for hearing in the
court. The judge accused her and stated that she was spoiling the name of a
man , that she had a lot of free time and that she knew how women like her
behaved. The woman expressed that she could not believe that this woman
was a judge because of the use of derogatory language.

In another instance, the defence lawyer compelled the survivor to marry the
abuser on grounds that this would reduce the punishment to the abuser. The
abuser was known to the survivor and common friends kept pressurizing
her to withdraw or settle the case. Building on this pressure, the defence
lawyer told her how the abuser was definitely going to get punished as she
was less than 18 years when he raped her. But he advised her to marry him
so that at least he would be awarded a shorter punishment. The girl did not
understand the implications of marrying the abuser. The lawyer did all this
keeping the parents and the PP of the survivor out of the loop. When this was
reported in court the veracity of her complaint of rape was questioned. It is
only then that the girl realized the implications of what she had done!

A 17-year-old survivor who had eloped with her boyfriend was blamed by
the judge saying that her family had to suffer a lot because of what she had
done; even the lawyer representing her did not trust her and kept asking her
to speak the truth.

Retrograde Decisions by Court

There were two cases where the court decisions tended to trivialize the offence
of rape. These have been described below:

In the case of a 16-year-old survivor who decided to get married to the abuser,
the judge did not attempt to understand or make an effort to understand the

Surviving Sexual Violence / 81


circumstances or the reasons for her marriage. The survivor said, "He used
to say marry me, I won't let you get married to anyone else. So I did it. If I
married someone of my parents' choice, he (accused) would have created a
ruckus. That's why to avoid such scenes I said I'd marry him, expecting him
to improve. My father warned me, 'Don't let him off. He will behave like this
again.' But I didn't listen to him. I told this is court and then Sir (Judge) asked
my mother-in law that this girl is willing to live with your son, it's up to you to
look after her. She said she will look after me as her own daughter. The judge
told them that he will release him (acquit) if they promised to take good care
of me."

The experience of RBK indicates how court decisions may not always ensure
the safety of the child:

RBK's parents had separated and she lived with her father and paternal
grandmother. She used to visit her mother once a week. During one visit, her
maternal uncle sexually abused her by touching her genitals and inserting
his finger into her vagina. She disclosed this to her grandmother and they
reported the matter to the police. The child suffered a lot as her mother trivialized
it and pressurized her to change her statement. Despite medical evidence in
the form of history given to the gynaecologist as well as a clinical psychologist,
she was continuously doubted by her mother as well as the court. The father
requested the court that the child not be sent to the mother's house to ensure
her safety. He submitted to the court that he would take a house on rent close
by where the mother could come and stay with the child once a week. The
court issued an order stating that the mother should meet the child in a house
where her brother would have no access. This was not in the interest of the
child as the child continued to visit her mother. Although the court had ruled
that the mother should meet her in the house where her brother did not live,
the child shared that her uncle visited her when she went to her mother's
house. In fact the child suffered another incident of sexual violence from the
same uncle thus causing more harm and suffering. The court did not consider
any other mechanism such as the CWC to assess the safety of the child or

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accept the plea of the father that the mother meet the child in the house that
he offered to take on rent.

Rigmarole of Criminal Justice System

Delay in Trials
Nearly 45 respondents shared that the first hearing was held within a year. Thirty
of them said that it was held within six months. Amongst these 45, 14 were
children, 16 were adolescents and 15 were adults. In majority of the cases (32)
where the first hearing began within one year, were those who had filed complaints
of penetrative sexual violence. Of those that came up for hearing after one year,
most of them were cases of survivors below twelve. This indicates that the
provisions under POCSO are not being followed. This is a matter of concern.

Table 6.1: Gap between FIR and First Hearing in Court

Frequency Percentage
Within 3 months 4 6.5
3-6 months 26 41.9
6-12 months 15 24.2
After 12 months 6 9.7
NA 11 17.7
Total 62 100.0
*4 Did not file FIR

Many of them expressed anguish over the delay in initiating hearings in the
court. Four of them said that the case had not yet reached the court. Despite
repeated follow ups at the court, five respondents shared that they had no idea
about the court case.

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Final Judgement

In 19 cases out of 62, the final judgment had been given. Out of these 19 cases,
8 ended in conviction while there was acquittal in 11 cases. In all these cases,
the survivors are below eighteen years of age. All cases of adult women are still
in trial.

Table 6.1: Gap between FIR and First Hearing in Court

Type of Cases Total


Elopement Abuse of Abuse of
Survivor Survivor
aged 0-12 13-17
Less than 1 year 0 0 2 2
1-2 years 1 1 1 3
2-3 years 1 2 1 4
3-4 years 1 2 2 5
4-5 years 0 2 3 5
Total 3 7 9 19

Multiple Visits

The number of court visits ranged from not being called even once to being
called 24 times in six months (once very week). Survivors narrated that the
court visits were multiple because sometimes the Public Prosecutor was absent
and sometimes the defence lawyer would not turn up. However, no efforts were
made by the system to communicate that there would not be any court hearing.

Survivors have had to negotiate and request the police to convey that they
could not attend court hearings due to ill health or examinations; but when they
reached the court, the defence lawyer would cite some reasons and again change
dates. This rigmarole got so tiring that a 16-year-old survivor and her family
finally withdrew the case.

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Her father said, "See we don't have money; second thing is if the date comes
up, then we have to go to the court and I cannot go for work; that is our biggest
problem. Our house will not run. Because of all these things I became quiet
(meaning stopped following up)…."

In another case, the father of a 16-year-old stated,"Our legal system is such


that the advocate does not come, this person, that person does not come. We
would go there and wait till 2 - 3 pm, sometimes even till the evening… and
come back."

Good Practices

a. Establishing a Comforting Environment

Only eight respondents shared that a comforting environment was created while
recording their statement in the court. The statement was recorded 'In camera'
where only the survivor, judge, and lawyers from both the sides were allowed in
the courtroom. Judges made efforts to comply with the provision that expects
them to create a non-threatening environment by vacating the courtroom to
enable the survivor to give a statement without fear. This was done mostly for
children. Only one adult survivor reported that her trial was 'in camera' and
attributed this to the fact that the abuser was a senior advocate. She felt that this
was done not for safeguarding her interests but those of the accused.

In one instance, the mother of a five-year-old survivor revealed to the Judge


and PP that the child was very scared and feared that she would not be able to
speak in the court. The judge promptly carried out an in camera session. The
judge also ensured that the child was not exposed to the abuser and was shown
the face of the abuser on a screen for identification. The child was able to answer
all questions asked by the Judge as well as identify the accused.

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As per the POCSO these were steps expected of the judge but these were
reported as supportive experience as the mother felt that judge responded to
her concerns.

b. Disallowing Irrelevant Questions

Four survivors narrated that Judges intervened and stopped defence lawyers
from asking irrelevant and insensitive questions. In two cases, warnings were
also issued to defence lawyers if they continued to ask such questions.

A 20-year-old survivor said, "The defence lawyer repeatedly asked if I am putting


false allegations on my father for money. That time judge madam told the lawyer
ask new questions, don't repeat the same questions again and again. So it felt
like the judge was on my side."

A 16-year-old who was abused by her boyfriend narrated, "The judge was very
nice, very nice. There were two lawyers from the boy's side who would torture
me about the case. The first was asking me the same questions about how do
you know this boy, what did he do to you? Then the judge told him that why are
you asking her the same questions."

c. Proactive Public Prosecutors

There were six respondents who shared that they got good support from PP in
their case. The support they received ranged from offering immediate emotional
support, preparing survivors for the questions by defence, informing about the
next date of hearing in advance so that the family and the survivor did not waste
a day in the court.

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A 23-year-old survivor who had been assaulted by her friend said, "On all the
dates of court hearings, the defence lawyer used to come late for every hearing
and used to ask for another date. I was regularly going for every date but nothing
would happen. At last the judge also got annoyed and told the accused to
compensate the time and travel expenses. The accused told the judge that he
did not have the money and therefore could not give me any. The judge pointed
out that he had bought a bike and if he could afford that, he could definitely pay
me compensation."

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8. Effects on Health, Work and Education

8.1 Effects on Health

Sexual violence is known to have long-term consequences, which include


physical, mental and behavioural health consequences. In this study, the
respondents were asked about the health problems that persisted after the
incident and those that they may have suffered later on due to the incident of
sexual violence. The respondents reported various physical as well as mental
health consequences that were experienced by survivors for a long time after
the incident. While some sought treatment, others did not for various reasons.
Either they did not realise that treatment was required or were worried about
being asked about the history of sexual violence again. The interview process
itself helped some of them to recognize the need to seek treatment.

Long-term Health Consequences

The commonly reported long-term mental health consequences by survivors


were fear, feeling depressed, stress, loss of sleep, loss of appetite and attempted
suicide.

In the case of children, 14% of the respondents reported that the survivors were
scared, became quiet and experienced nightmares for three to four months after
the incident.

"..Means it had affected my daughter so much for 3 - 4 months she was so


scared that even if her father touched her she used to get scared- (suggesting
that she was sacred of male touch." (Mother of a 4.5 year old survivor).

"She was scared as she could not forget this. For a long time it was in her
mind (Zehen). She used to miss school a lot (bohotkhadakartithi) - but now
she is ok and goes regularly." (Mother of 14 years)

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A child "becoming quiet" was a commonly reported problem. Those who had
bad dreams/nightmares suffered this from three months to two years.

"Yes, he used to get very afraid, he sat in a corner of house, did not speak
with anyone, he used to cry a lot I used to think how am I going to bring him
out of this phase? I used to feel very guilty (for having failed to stop the
abuse), that I am responsible for his condition, he used to sit in a corner, and
even on TV if there was a mention of word baba (father) he would immediately
curl himself up." (Mother of a boy who was abused by his father, mother was
domestic violence survivor herself).

Also what emerged consistently was that most respondents said that the child
survivors had not forgotten anything, they remembered the incident whenever
there was a call or letter from the police or court. The follow up at the police
station and in courts had been so frequent where the child had to repeat the
incident so many times that there was no way she could forget it and move on.
Parents expressed concern about the number of years the 'case' was going on
and the fact that it prevented the child from moving on.

Parents said that their children got upset when they saw the perpetrator even
after years.

" I feel like erasing it completely from her mind, I can see that she has not
forgotten anything. I saw her searching for information on meditation centre
on the internet" (Mother of an adolescent girl).

".It was constantly on her mind, that episode did not leave her mind at all. All
that happened in the police station, then all that happened in the hospital,-- it
was all too much for her!" (Parent of an adolescent girl).

"She is quite scared, she gets scared even if the phone rings. As soon as
there is a phone call, she will come and ask me-'Do we have to go to court

Surviving Sexual Violence / 90


again?' Now I have explained to her that she will not be called and that I will go
to court and not her". (Mother of a seven-year-old survivor).

Adult survivors reported feeling stressed and depressed. Few survivors


expressed suicidal thoughts/ideation. One survivor of marital rape who was
also experiencing other forms of violence from her partner for several years
sought treatment for depression.

"That time I did not speak any of this, I used to cry and blame myself that I
was not able to do this (referring to lodging a police complaint). I used to feel
that I am incapable of doing anything about the abuse. So now I feel that, that
excessive crying was also related to depression" (Survivor of marital rape).

I have been in great depression, I was not able to eat, I had no money but by
god's grace I got some people at every stage who used to motivate me, they
were trying to help me come out of depression. So it impacted a lot on my
health, there was hair loss, got some brown spots on my skin, something or
the other was happening. But I am okay now." (Survivor cheated by her partner-
False promise of marriage).

....Now it is better, but in the initial stages, I used to keep the door locked day
and night, now since two years I have started mixing with people a bit. But
before that, those five years I felt that I was in jail because I had shut contact
with everyone. But it is very important to talk to people in such a situation. I
had stopped doing that but if I had not have come out of it, I don't know what
I would have done to myself."

"....The police harassed me so much, I have told madam (the counsellor)


that I feel like ending my life, I cannot live like that, where do I go? I don't feel
like talking to anyone, I cannot concentrate on my work, I have stopped going
to work, I am surviving on the savings, and I have stopped eating."

Surviving Sexual Violence / 91


Four survivors reported attempting suicide. Two survivors had attempted suicide
after being abused. In one case, the abuser was a known person who raped her
but promised to marry her, however, he and his family refused. The girl was
devastated and attempted suicide. The other survivor was raped by a stranger
in the public toilet repeatedly, which was recorded on a video. He used it to
blackmail her and rape her several times. She could not take it anymore and
attempted suicide. Both survivors suffered the physical consequences of this
attempt. But the suicide attempt left them weak with constant health problems
ranging from weakness, weight loss to sudden unconsciousness.

Another adolescent girl committed suicide by burning herself. A boy living in her
neighbourhood forcibly took her inside his house and raped her. Her family
members who were looking for her all around saw her coming out of the house
in that state. Even as the family and others in the neighbourhood caught him and
questioned him, the girl went to her house, poured kerosene and lit herself on
fire. She was in hospital for a month where her dying declaration was taken and
she was provided treatment but she did not survive. The survivor's family feels
that she had no choice but to do this, and by having burnt herself she had
proved her innocence to society and the court also believed her. They did not
express any regret that she had committed suicide indicating the societal
perceptions about rape being the worst thing that can happen to a young girl.

Changes in Behaviour due to Trauma

Parents reported behavioural changes in young girls less than twelve, that ranged
from a habit of chewing clothes to touching the genitals to not maintaining any
boundaries with strangers, chatting with them, taking money from them and so
on.

"...Only thing is now her behaviour has changed- she is all the time roaming
around, from here to there. She is out of the house for a long time-three three
(repeated) hours she is out. Keeps playing outside, does not come home- If I
ask she will say, 'I went here and was playing - this happened that happened'. 'I

Surviving Sexual Violence / 92


spoke to this person- to that person.' Keeps telling all sorts of things."(Mother of
a thirteen year old girl.

"Her treatment was going on for about seven months. She used to behave
differently during that period. She used to aks us to shut off the lights and if we
switched them on she used to scream aloud. This may be because she was
kept in a dark room. So after the incident, she never liked to sit in the dark. After
six months, I took her to my native place to my mother's place. We stayed
there for fifteen days. I took her for outings, everybody took care of her and
explained to her that it was her past and that this was her bright present. She
used to scream when there was any noise or if anything fell. She used to recollect
the sound of being beaten."

The incident of sexual violence and the experience thereafter affected some of
the young girls in different ways. One girl found it difficult to cope in school and
her grades kept falling. A young girl said that the taunting she used to get from
neighbours and people around affected her a lot and she would feel miserable
but she decided to focus on studies. When she excelled in her Standard 12
examination, she felt that people changed their behaviour.

Physical Health Consequences

Survivors attributed various physical health consequences to the abuse that


they experienced. These include weakness, nausea, vomiting, giddiness,
stomach ache, white discharge, tuberculosis, blood pressure, pain in thighs,
backache, weight gain, irregular menstrual cycle and fibroids.

Delayed Treatment or No Treatment at all

It was evident from the narratives of the respondents that they didn't follow up
for the treatment of immediate health consequences at the public hospitals where
the medicolegal examination was done. They felt that the history of rape would
be brought up again. As reported in the chapter on interface with the health

Surviving Sexual Violence / 93


system, there was no emphasis laid on the need for follow up treatment. The
hospital as well as the survivor and/or family perceived the hospital visit as part
of the process of reporting rape and collecting evidence. Though most of them
reported that the hospital staff was sensitive and polite, the entire procedure
was perceived as part of 'police procedure'. None of those who experienced
health complaints returned to the public hospital for treatment. Instead, they
chose to visit private doctors for treatment.

The mental health consequences were untreated. None of those who spoke at
length about the psychological impact of sexual violence on their children, had
sought any treatment/care from a counsellor. Of all the children, only one child
went for counselling for a year post the incident.

Young girls and women reported several reproductive health problems that
remained untreated or treated when unbearable.

Following is a Case Study that Depicts the Barriers in Accessing


Health Care

Background: A young girl, SRK was raped at the age of seven by a distant
relative who belonged to the same community and lived nearby. The forms of
rape perpetrated on her were penetration of vagina by finger and peno-anal
penetration. She and her sister were playing when the perpetrator called her into
the room and abused her. As her sister could not find her she informed the
mother and everyone started looking for her. They found her but the man ran
away. The girl was bleeding and was in pain. The parents rushed her to a local
doctor who said that they should take her to a government hospital as this was
a case of rape. They rushed her to the nearest hospital where she had to be
admitted as she required treatment. The family and community were shocked
and they stood behind the girl's family in locating the man and also in filing an
FIR. At the hospital, the girl and her mother were provided counselling and
treatment. They were informed about all the procedures ahead and asked to call
the crisis centre in case of any problem. The police found the man and arrested

Surviving Sexual Violence / 94


him. The case also came up for hearing. However, the hearing continued for
some months. They had to go twice a month to the court and the entire day was
spent in travel and waiting at the court. The government lawyer and the judge
both were approachable and sensitive in their handling of the girl and her family.
The perpetrator's wife and son were thrown out of their house by the family and
boycotted by the village. They came to Mumbai and begged the survivor's family
to withdraw the case as they were now homeless. There were several
discussions with the family and also meetings in the community. Finally, they
all felt that he had been adequately punished for his crime as he was in jail for
three years. So the girl was told that she should now say in court that this is not
the man who committed the crime. When the girl said this in court, the
government lawyer was angry as the case had been going well and a conviction
was indicated. The judge also was angry and spoke to the child and mother
separately explaining the consequences of what the child was saying.

When SRK's mother was approached for participation in the study to understand
the impact of rape, she was reluctant to speak initially. She agreed to participate
in the interview only after she was convinced that this had nothing to do with the
court or police. She told the counsellor who contacted her that SRK was
absolutely fine and was doing well in school and there was no problem at all.

At the end of the interview, the mother shared that SRK had some white discharge
but she did not go to any hospital as she was worried that they will ask about the
rape case and it would create problems. She also revealed that the girl woke up
at night and could not sleep. After considerable follow up by the counsellor who
repeatedly reassured her that there would be no reference to the police, she
finally came to hospital. SRK was examined and she had severe vaginal infection
that required two weeks of strong antibiotics. The girl was also counselled and
she opened up with her fears and concerns.

This is just one example to demonstrate the barriers in accessing health and
psychosocial services for survivors of sexual violence, especially when they
drop out of the criminal justice system. Dropping out of the system itself is a

Surviving Sexual Violence / 95


result of complex factors as seen in this case study. The fear of being forced
back into the criminal justice system puts a lot of pressure on the families to put
up a picture that all is well with the survivor. This example helps conceptualise
how support services can be created for survivors of rape so that they do not
have any fear in accessing them.

Impact on the Health of Family Members

Family members of survivors spoke at length about how they helped their
daughters come out of the episode and supported them through the interface
with the police and court. But they spoke of the impact of all this on their own
health.

" I cannot forget the incident that happened to my child. Can't sleep, keep thinking
of what worse could have happened that day if I had not come in time. I am not
scared or worried about her future as I have made her strong," said the mother
of a survivor who has always been stressed or tense. She has suffered TB and
is being treated for a thyroid problem. Her weight is as low as 22 kg.

Another case,
SS's marital family was against filing an FIR. They felt that this would ruin their
'honour' (izzat). The people around her also advised her not to pursue a case as
nothing had happened. The fact was that SS had caught a young man living in
the same building trying to penetrate her daughter. She came back from the
shop in the nick of time and stopped him. But SS was firm that as her daughter
was a five-year old innocent, she should not let the man get away with the
crime. She said, "If my daughter had been older, things may have been different,
but given her tender age where was the question of her asking for it or enjoying
it? So I went ahead and filed the complaint. But it has been five years since then.
It has affected me deeply. I cannot sleep and can't stop thinking about what may
have happened if I had reached few minutes later. How will my daughter survive
in the future when I die?"

Surviving Sexual Violence / 96


She categorically stated that she is not fearful or afraid as in that case she
would not have filed the case. Owing to the constant worrying, she has developed
severe weakness. She had the complete course of treatment for tuberculosis
but there has been no improvement in her health. She feels tired all the time,
has aches and pains, is being treated for thyroid also. She has lost a lot of
weight and is unable to do much work. She said, "My daughter's weight is better
than mine. I am 22 kg and she is 24 kg." The doctor advised her to stop thinking
all the time. She tries, but she says that she worries about the safety of her
daughter all the time. The episode has affected SS deeply both mentally and
physically but she said that she has made her daughter very strong. She has
encouraged her to play football, which is not an easy choice for most families.
The girl is physically strong, confident and capable. She said she does not let
her own worries affect the girl and has made her capable of keeping herself
safe.

The constant community pressure and taunts have affected the families of
survivors, especially the mothers. One of the mothers has high blood pressure
but the survivor is fine.

"I had two heart attacks on the same day, I was told that I can't be operated due
to the nature of blockage. I could not work/cook. Harassment from neighbours
made me attempt suicide - I took poison, doused myself with kerosene, have
been seeking psychiatric treatment as I started beating myself with a belt." She
has thoughts of harming and killing the perpetrator too. She is being currently
treated for the same.

Concerns with Health

The respondents also spoke about several concerns related to health that the
family had. A mother said that her daughter's vaginal opening has become big
since the incident. This was informed to her by a private doctor and the doctor
told her that it will remain like that.

Surviving Sexual Violence / 97


Parents of girls were concerned about marriage and child bearing. "Will the
husband find out about rape?" "Will she get pregnant?" "What will happen if
they find out if she was raped?"

A survivor said: "…… now also I get scared sometimes and wonder whether I
will be able to conceive after marriage or not."

One survivor felt that she has scant bleeding during periods because of repeated
forced sex.

At the end of the interview, scientific information was provided to the survivors
- that rape cannot affect the size of vaginal orifice in girls as the pelvic muscles
tighten as they grow up and their concerns were laid to rest.

SD shared how her entire struggle to access justice had impacted her positively,
making her more confident:

"You cannot save yourself, how would you save me?", said Chotu to his mother
when she asked him why he did not tell her when the father sexually abused
him for the first time. That was the turning point for SD who was facing abuse for
several years. She was being forced into sexual acts that she did not like in
addition to the physical, emotional and economic abuse from her husband. The
forced sexual acts and demands that the husband made from her made her feel
miserable and she even sought medical advice to find out whether there was a
problem with her. The doctors and counsellors helped her become aware that
this was sexual abuse. But when the husband sexually abused her son, she
gathered courage to file a case of marital rape against the husband. Despite all
documentary evidence, the police tried their best to discourage her. She did not
give up and pursued her case despite all the insensitivity meted out to her,
where the entire system and all those within it seemed to say 'the woman is
lying- bai khota bolte aahe'. She suffered depression but fought on bravely. The
most validating moment for her was when her son said to her that he had faith in
her.

Surviving Sexual Violence / 98


8.2 Effect on Education

Nearly 45 survivors were students, most in (40) schools and a few (5) in colleges.
Since the time of assault, it has been a difficult time for survivors to continue
their academics. Seven survivors had to quit school after the episode.

Fear of the abuser was a serious impediment to continuing education. Despite


having registered an FIR, and the accused being directed by the court not to
reside in the vicinity of the survivor, several survivors stated that the accused
had not moved out and in fact would follow, stand outside their house, keep
staring and threaten them. Going to the police was also pointless as they never
took the survivors seriously. These episodes created fear and anxiety among
the survivors leading to their dropping out of school; in one instance, the survivor
stopped getting out of the house even to use the public toilet. She would say that
the minute she left her house she would find the perpetrator and his friends
staring at her with a piercing gaze. She would go out of the house only when she
was accompanied by her elder sister or mother, that too to use the public toilet.

 If the episode of sexual violence was known in schools, instead of creating


an enabling environment, very often the teachers and management dissuaded
survivors from attending school. Excuses such as the episode had an impact
on the survivor who needed a break from school, insisting that she would not
be able to perform well even if she attended school, were some of the
messages given. One survivor had to stay at home for two full years; she
was out of school because the school insisted that she would not be able to
perform till the court hearings were over. In the case of child survivors with a
disability, it was extremely challenging to find another school close to the
residence, which accommodated a child mid-year.

Surviving Sexual Violence / 99


Case Narrative

The following narration is by a father whose daughter was asked not to come to
school till the court hearing was over. This reveals the deep impact it has had
on the child's education and in their pursuit for justice.

F :Whatever has happened, it was a bad dream and we want to forget about
that. And now we want to focus on her education and her future. That is also
the reason why we took it back (case) as it was a hindrance (badha) in her
education.

The main point and target is that the child and her future are very important.
For example, if we get injured then we may be hospitalized for some days
and the healing option from that injury is a must and what is required for
regenerating it should be available. But if that option is not available or a lot
of time goes into that, then it is not good as her future is getting spoilt then.
And it does not feel good at all.

So therefore we took that decision (of taking back the case) and if we had
applied for reopening for the case, I am confident that we would have won the
case but it would have no meaning… means ----he is punished, but that
would not have benefited us (Usko saja mil gayi to iska labh hoga kya, aisa
kuch nahi hota). It would only be that he would have been punished. His
family also became very soft, they apologized so we said ok. And we need
to take her back towards education. Because, she is already deaf and dumb,
and so her education was very important. So in order to get her back to
education we did this, we put a full stop to all this matter…as court said there
is no evidence.

Impact means, she failed last year so she lost that year and in the second
year also she was kept in torture - they would keep asking her why did you
speak to that boy, what were you doing there , why did that boy come near
you?

Surviving Sexual Violence / 100


R:This was happening in school?

Yes in school….but we still fought it out… so we explained saying that this


boy came on his own to our house - my daughter did not go there, he is
badmaash and so they also understood. Then they said ok we will look into
it but would keep telling us that see this has happened once so be careful etc
etc.. Basically, when they realized that the person is going to attack
(panjamarnewalahai) then they were quiet. But when they felt that the person
is going to silently listen to what they are saying they would just go on and
on. That is how they have behaved throughout.

R: Is she still in the same school?

Yes

We thought- what are we doing and why are we doing this.- we have to nurture
this plant - if we are giving too much water to it and we are thinking that it will
grow fast then that will not happen. So if we now go for appeal in court and if
her education is affected then what is the use? So it is better that we …

So that is what we thought-for example if a rich man is walking on the street


and someone attacks him - then what will he do will he keep his money or his
life? So he will give away his money only na, why will he give his life? So that
is what I thought- education is more important. Sending them to jail has no
meaning and whether he reforms or not- who knows- there was another case
against him someone told me- that boy is again in jail for a similar case, so
that is what it is. That has become their mentality- they are living in small
houses- we also live in a slum - but for them committing crimes becomes
routine.

Now they have been set free so they feel they can commit more and get
away.

Surviving Sexual Violence / 101


Attending school and participating in activities would have enabled the survivors
to move ahead in life; but such a response from the school further broke their
self-esteem leading to feelings of self-blame. Because of ongoing safety
concerns, fear for their school going children, in the absence of police support
and school support, some parents came to the conclusion that dropping out of
school was the only resort.

For survivors who continued going to school, parents/care givers reported that
the child would feel singled out, sometimes remarks were passed by teachers
and other kids and such experiences created a setback.

Only 2 out of 45 survivors received proactive support from their schools. In one
instance, a senior teacher spoke to fellow students about problems arising from
their questions to the survivor and how it impacted her; in another the school,
principal personally assured the parents about the safety of the survivor at school.
Only in one instance, the survivor narrated that she went back to studying with
a focus of scoring high marks which would stop other classmates as well as
those around her from constantly discussing her personal life. However, such
experiences were far and few.

Some survivors found it very difficult to focus on studies and what was being
taught to them. One survivor narrated that despite all all her efforts, the content
of the textbook could not be understood as her mind would keep recalling the
episode. Parents were of the opinion that education was pivotal to becoming
self-reliant. Upon the insistence of her parents, an adolescent survivor decided
to pursue twelfth standard education, though she did not find much relevance in
studying.

In other instances, families were compelled to look for vocational courses to


build the skills of the survivor, who refused to return to formal schooling. For
those who continued academic education in college, parents narrated their fear
but also they did not want to hold back the child. They expressed anxiety when
the survivor had to go for picnics, events or dinner with friends, but they allowed
her to do so as they thought that these were important for her healing.

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In the case of adult survivors too there were consequences that the children
had to face.

SP is 25 years old and the incident of sexual violence took place eight months
ago. She was sexually assaulted thrice by a neighbour. He had made a
video of the act and threatened to circulate it, threatened her about coming
back and that he would kill her son if she refused. She gathered courage
and told her husband after the man sexually assaulted her thrice and also
demanded INR 50000. That is when they decided to lodge a complaint. The
abuser was released on bail and has been harassing them continuously.
The bail order clearly states that he should not be seen in and around the
survivor's residence. Violating this, the abuser has assaulted her husband
and verbally abused SP constantly. They have had to go to the police station
at least 20 times and have done everything they could to stop the abuse. It
ranged from filing several NCs, making an application for cancellation of bail
order, written to the state women's commission as well as appealed to the
Deputy Commissioner of Police too. But the police was not helpful at all.

With no help from the police and constant threats and verbal abuse, the
family is living in threat. SP finds it difficult to step out of the house even for
daily chores. The children have had to miss school, her husband has had to
take off from work to be with the family. The perpetrator threatened SP's
daughters that he would put them in the gutter- such constant threats forced
SP's husband to relocate with the family from a centrally located suburb in
Mumbai to a far way suburb which has affected the quality of education for
the children.

The husband said, "I had two options either to divorce or kill her or kill the
accused- I decided to go the legal way". It has been more than four years
and they continue to live in fear.

Surviving Sexual Violence / 103


8.3 Effect on Work and Income

Survivors and carers both spoke of challenges at their workplaces following the
assault. In the case of child survivors, often the carers have had to take time off
from work and some quit work altogether. Carers could not disclose about sexual
violence to any one at the workplace fearing loss of employment, or aspersions
being cast on them and their children. However many reported that they had to
take time off from work as numerous follow ups were required at the level of
police stations and courts.

Many reported missing work from a few weeks to months. Considering that
several families belonged to economically underprivileged sections, the
nature of employment was daily wages or having a small business/shops.
With each day taken off, the wages for the day would be deducted from their
income. Those with small businesses or shops had to shut shop for at least
three months. This compelled some families to seek loans from family
members as well as from other sources.

Besides running the household, most reported spending money on travel to


police stations and courts, purchasing food for the day and also having to
bear travel expenses of close family members. They would feel secure
having at least a member or two go to the court along with them.

A few working and middle class families mentioned that their family income
was affected because they were not able to invest time and effort into work
as a lot of time was spent in follow ups and yet there was no definitive
outcome for many survivors. There were a few instances when the mothers
of survivors took it upon themselves to follow up as the fathers who were
primary earners could not miss work.

Women as main carers mentioned that though employed, they changed their
routine to ensure that they were with the survivor and that she was never
left alone. In one instance, a mother had to reduce the number of houses

Surviving Sexual Violence / 104


she worked in as a domestic help so that she was always home before the
survivor returned from school.

Others had to quit their jobs as the abusers were immediate and close family
and hence they found it pointless to keep the child at any other place except
with them. However, for some families with a very difficult hand to mouth
existence, women reported doing all kinds of odd jobs such as stitching/
mending/couriering so that they had enough money to feed the family for
the day.

Of the 21 adult survivors, only three were employed in the formal sector
while seven were working in the informal sector, some were still pursuing
education. Two survivors expressed that they were terminated after the
information about rape reached the employer and that too without settling
dues. The employers did not want anything to do with the police. A lot of
time and energy was spent by them on looking out for a new job and even if
it meant less pay they had to take these up. In one instance, the sexual
assault was at the workplace and the survivor had to struggle to file an FIR
and move and pick up another job. One of the survivors who was a widow
had the responsibility of earning an income to support herself and her in-
laws who were old and dependent on her even as she fought her own battle
for justice.

Few survivors who were working before the incident, but had left working
expressed how afraid they felt when they left the house and it led them to
actually quit work. This rendered them to be dependent on their natal families
or spouses.

The experiences of survivors of sexual violence and their families bring out the
huge economic setback faced by families leading to reduced income, loss of
jobs and living with such fear that they were not able to get back to work.

Surviving Sexual Violence / 105


The current employment status of the survivors was compared with that at the
time of incident. It was seen that out of seven who were working in the informal
sector, two had stopped working due to the incident. Amongst 45 who were
studying at the time of incident, five stopped education after the incident, five
started working in the informal sector, one student committed suicide after the
incident, one girl who had taken admission for higher studies got married to the
boy and is now a housewife. Five survivors reported that even if they had
continued studying, they had to miss school or college for a few days or even a
few months because of the incident which impacted their education.

8.4 Cost of Reporting Sexual Violence

The implications of surviving sexual violence are very high. Narratives of


survivors bring forth several gaps existing in the redressal systems such as
the police and Judiciary. With the advent of Protection of children against sexual
offences (POCSO, 2012) and Criminal law amendment to rape (CLA 2013) there
was a sense of optimism with regards to sensitive and quick redressals. But
narratives of survivors refute it.

Hospitals

Survivors and families reported mixed experiences as far as the health care
response was concerned. On an average, the waiting period for examination
and treatment was a few hours, most said that the required medicolegal
examination was carried out and treatment offered and hence survivors almost
justified the waiting time in the context of receiving care. However, in some
instances, survivors have reported denial of treatment as well as making
treatment conditional to recording an FIR. Despite having an injury which required
immediate medical care, the hospital staff insisted that the family bring a police
requisition; only when the family was able to contact the police, the treatment of
the survivor commenced. On the contrary, even having an FIR often did not lead
to receiving immediate medical care.

Surviving Sexual Violence / 106


In one instance, despite having registered an offence, the survivor was kept in
the hospital for more than two weeks; and that too without providing her a medical
termination of pregnancy.

As the number of days progressed and the pregnancy went over twenty weeks
the hospital asked the survivor to bring a court order so that they could conduct
a Medical Termination of Pregnancy (MTP) after twenty weeks. The health system
did not recognize "rape" as a medicolegal emergency and insisted on a police
requisition. When the pregnancy was an outcome of rape, the doctors were
empowered by law to carry out the required procedure, but they did not.

Such a response pushed survivors to seek treatment from the private sector
spending thousands of rupees.

In one instance, a survivor required surgery and the family incurred expenses
close to INR 60000. The family had to run from pillar to post to secure the amount
for the treatment.

Here too the private hospitals had an obligation under Section 357 Cr PC to
provide free care to survivors, but they charged for the entire treatment. Though
the law has a provision where the survivor can claim expenses incurred on
health care arising out of sexual violence, the procedure for reclaiming the
expenses is a long procedure, which they cannot afford.

The Police

Most survivors reported having to incur expenses vis a vis the police procedure.
In very few instances, an FIR was recorded immediately after intimating the
police about the crime. All the survivors had to go to a police station to record a
complaint as against the legal provision that entitles the survivor to record a
complaint at a place she finds most comforting. Even after reaching the police
station, the complaint is not recorded in the first instance. Keeping the survivors
waiting, sometimes dissuading and sometimes persuading them not to lodge a

Surviving Sexual Violence / 107


complaint is more or less a common occurrence. Most survivors reported going
to the police station multiple times to record their complaint; travel to the police
stations and waiting time were expenses incurred, besides loss of daily wages.

With the passing of POCSCO 2012, even if survivors under 18 years reported
consensual sex, it was considered a crime. In one instance, the survivor's mother
in law reported having to pay INR 25000 to the police as her then 17-year-old
daughter-in-law absconded with her 21-year-old son (Accused in POSCO), After
the couple was found, both sets of parents did not wish to record a police
complaint and also discussed with the daughter that they would let her get married
her when she turned 18 years old. Despite all this, the mother of the 21- year-
old boy could get bail only after paying INR 25000. The couple married later and
it has been a few years into the marriage but the man has to continue appearing
for the court case in POCSCO.

Court Procedures

Survivors reported having to spend a lot of money on pursuing legal procedures,


follow ups with public prosecutors and attending court calls. In most cases, the
survivors were accompanied by their family members, which meant spending
money for travel for at least two people if not more for each court call. Most
survivors lived far away and had to commute to the courts situated in the heart
of the city. This led to spending money not just on travel but also meant loss of
wages to family members. For those who were self-employed it meant letting go
of the day's income, for others who were daily wage earners it meant not just
missing wages but also not getting employment as the employer would reprimand
them for missing work. Some survivors travel from outside the city just for the
court case, renting a small room for a day to ensure that their belongings are
safe. There is complete absence of pro-activeness on the part of the police to
inform the survivor about court dates, public prosecutors make no efforts to
explain the stage of the trial; but survivors continue to diligently follow up at the
courts for dates, whether there is an effective or ineffective hearing.

Surviving Sexual Violence / 108


Some survivors reported receiving support from their families. Families
mortgaged their houses, ornaments, sought loans from relatives, gave up
employment all of these in the quest of the criminal justice system. Doing so
took a toll on the family income and general health. In a few cases, parents
suffered serious health ailments that added pressure to the already existing
economic strain on the family. Following up at the courts and uncertainty of
these follow ups led to loss of jobs for some survivors and/or their parents,
while in some instances they were asked to leave because they did not want
the workplace to get any unwanted attention. Finding alternate jobs has also
been arduous given the uncertainty in which survivors lead their daily lives.

Surviving Sexual Violence / 109


9. Survivors' Recommendations for Change

All the research respondents who participated in the study did so after considering
all possible consequences. As reported in the methodology, a large number of
those who were contacted refused to participate in the study due to various
reasons. The ones who participated did so with the understanding that their
experience would help bring about some change. They had all come for the
interview well prepared, with all their papers and with full commitment in terms of
time. None of them asked the researchers to hurry up or expressed any concern
with the time spent. What was most heartening for the research team was that
each one of them said that they felt better after sharing their experience. They
expressed feelings of hope, relief, satisfaction and unburdening of all their angst.
Most of them, including their fathers cried during the interview and said that
participation in the study was cathartic.

The interviews focused on what happened in their lives right from the incident of
sexual violence, their thought processes post the incident, their considered
decision to report the matter, their interaction with their immediate family,
neighbours and so on. The first point of contact for most of them was the police
system followed by the hospital system and the courts.

As described in the earlier chapters, most of the survivors and their families
had to deal with unfriendly, intimidating and hostile institutions compounded by
isolation, humiliation and hostility from the community. Having relived these
experiences as part of the interview process, the respondents also reflected on
what needed to change at various levels so that the people do not have to suffer.
Nearly all the respondents who had registered the complaint said that they had
decided to report the matter to the police so that the perpetrator did not do it to
anyone else. They said, "He should not do it to anyone", "He should be punished
so that he realizes his mistake", "If we keep silent he will do this to more girls", "If
I don't report my daughter may feel we did not support her". These are some of
their opinions. They had belief in the criminal justice system and never used the

Surviving Sexual Violence / 111


language of "teaching a lesson" to the accused.

Despite the negative and hostile environment, most of them had not deterred
one bit from their fight for justice. What was most heart wrenching was their
resolve to seek justice, coping with all the institutional biases and prejudices
therein, the isolation and ostracism by the neighbourhood and community at
large, at workplaces and schools.

Their reflections on what needs to change is presented here and is invaluable


as it is based on their lived experiences.

9.1 Recommendations for Formal System

The respondents recommended changes that need to be brought in when they


access the police stations, hospital and courts in their struggle for justice.

i. The Police

At the police station, such complaints should be taken immediately as it is not


easy for survivors to report. The police should understand how difficult it is to
report such crimes.

" ….. if anybody (emphatically) goes to a police station to make a complaint


then that person should get help. (Uski madat karni chahiye) The person
should not be told, 'Yes, I will do it, you sit' all this should not be happening.
Everyone should be treated properly because many times what happens is
that when anyone goes to file a complaint, then they are asked to wait for
hours, the police keep doing other work and we remain seated there waiting,
and when we sit there everybody keeps looking at us which makes us feel
very bad and dirty (ganda lagta hai)."

The police should record what the person is telling them, ask relevant questions
but not keep questioning the survivor. Almost all survivors felt that they were

Surviving Sexual Violence / 112


treated as if they had committed a crime. The police should understand that the
person reporting sexual violence has suffered a crime and not committed one.

" The police ask some irrelevant and wrong questions. She has already gone
through so much and suffered, so in such cases, the police should support
women and convey to them that they are with them and support them. But
the police don't do that, instead they ask questions like, 'If this has happened
then where did he touch you?' and ask it many times. I must say that this is
not good at all as she has faced so much and these questions torture her
more. Women who go to the police station go after a lot of thought hoping that
what has happened with them will not be mentioned to anyone but the way
they ask everyone one comes to know….."

"She should not be called again and again to the police station. Whatever is
required should be done on her first visit only. According to me, this needs to
be changed. Why does she have to keep coming to the police station to file
an FIR, why is she made to cry and meet the higher authorities to get the
complaint filed?" - In this context, the respondent added, "Women who want
to report should be made aware that this is how insensitive the police is so
just keep all your honour and shame aside as you will have to keep repeating
what happened."

The respondents spoke about corruption in the police system at length. They
felt that there needs to be a clear direction that the police must not indulge in
'settlements'.

There was an expectation that immediate action should be taken against the
abuser when the incident is reported and in cases of repeated threats.

"She should not be taken for granted, she should be heard and given some
support. Telling her 'Nothing will happen and if anything happens, then dial
100 and the police will come', is ineffective. It does not work, why do you wait
till that stage? Why can't you trust her and take any action based on what she
is telling you?"

Surviving Sexual Violence / 113


On medical examination, the respondent said that the police needs to distinguish
between when the medical examination is urgent and when it is not. Also they
should not wait for the medical report and delay arrest.

The police must be trained to recognize sexual violence as a crime. This would
require a change in their attitude. The respondents said that the police feel that
crimes against women are less important than murders and other crimes.

"Their attitude may be due to their upbringing or because they are also a part
of our society so even they….I have always observed in the high court it can
be seen on their faces 'Bai khota bolte', _Woman is telling lies--- something
of this sort is always seen on their faces."

Specific suggestions:

"There is a camera fixed everywhere, on the roads, in the police station; even
in the cabin of the senior police inspector there should be a camera and it
needs to be watched carefully. In some places, they have installed the camera
but are not making use of it."

"One is that the CCTV at the police stations should not be turned outside but
should be directed at the police only. CCTVs are facing the public, but it is the
police who are taking bribes from under the table which never gets recorded.
They have done this in front of me. I was standing at the police station and the
CCTV camera is coming on me. The police is sitting under the CCTV and he
is taking 500, 500 rupees from them and writing a complaint against me.
Right before me."

Surviving Sexual Violence / 114


ii. Hospital

Survivors said that the hospitals must prioritize treatment and not insist on police
complaints. The time spent in the hospital for various procedures must be
reduced. They also said that doctors should be supportive and ask questions
sensitively.

One of them said

"We need lady doctors in those places, swift treatment without delay should
be ensured."

 Another said, "Change means the doctor should also be supportive. Now
because this is a Bhabha hospital people over here are good, but all doctors
are not the same, we cannot guarantee how they will treat the patient and what
questions they will ask."

Many were examined in the labour room and one of the mothers said,

"Examination in the labour room should be stopped because when I took her
that time many women were in labour and they were screaming in pain so
she was asking me what was happening to them and she was a little scared I
made her sit in corner and asked the doctor to examine her quickly, but they
said that they needed some time."

One of the survivors who was 22-years-old articulated that hospitals must
maintain confidentiality. All that she wanted was an abortion to move on in life.
But being single, the police and hospital insisted on informing her parents.

"If I could have kept it a secret without telling any relatives, my parents, then
they would have felt the same affection for me, as they used to feel before. I
would have remained in their heart (me tyanchya manat rahile aste). But now
after all this, nobody is behaving with me in the same manner. So that's what
I used to feel, they should not have mentioned this to my family."

Surviving Sexual Violence / 115


iii. Courts

There were several concrete suggestions for changes at the court level. To
begin with, there was a suggestion that there should be someone to orient those
who go to court so that they are aware about the rules and procedures.

"Actually those who go to the court should get oriented to some of the rules
beforehand. How things work here, because advocates also charge a lot for
the small things, which we can do at our level. For instance, even if you want
an order copy then you have to give an application. Most people don't know
anything and there is no one to tell."

Sensible questions should be asked in the court by defense lawyers and there
should be some discussion between the Public Prosecutor and the survivor
and her family. This suggestion about the Public Prosecutor is critical as only
one respondent had a positive experience with the Public Prosecutor. Most did
not even understand that the PP was appointed by the government to represent
their case. They felt that there was just no one on their side. Their interactions
were limited to talking to the court clerk.

Tired with multiple visits to the court and the time taken, there was a
recommendation that the court trial should start soon and further procedures
should be done quickly.

Apart from this, there were two other suggestions one for a trained counsellor
and the setting up of cells to provide support for women.

"Yes trained counsellors should be in the court too. Let the trained counsellor
speak to the child and find out. You ask me to go a hospital; it has to have a
trained child counsellor and keep the child counsellor's name confidential.
Who is sitting inside, the name should not be known to anyone. Please keep
it confidential or it will be known to all. Keep things confidential."

Surviving Sexual Violence / 116


"I am just requesting this for women who go to the court. If you can set up a
team in court where women who are sitting there can meet you and talk
regarding what type of help they need, it will be very helpful. Because all
women are not educated; very few women you will find are educated because
most of them know nothing, they cannot read their names on the board, many
times their name is called out but they are not aware of that and get the next
date. So talking to them and giving information about whom they can approach
for help goes a long way."

"Someone is required for sure - someone who knows the criminal justice
system and also knows how the accused will work. Someone who know all
this, who knows the police and the court system - someone who knows the
court policy, who knows the rights of the victim and the rights of the accused
also. If the person knows all four sides only then it will work."

As most survivors and their families were facing abuse from the accused, they
expressed concern about granting of bail. The suggestions regarding this were:

"Apart from this, make it a law. Once an offence has been registered, your
investigations can be done at a later stage but take the accused into custody
first."

"Yes, action should be taken fast and then the accused should not get bail.
The police take bribes and leave them, but the life of that girl gets affected."

When bail is granted the perception in the community is that he has been set
free

"I think so because people change their mind and talk both ways. For instance,
if the girl is unmarried and if her marriage is fixed, then they try to break that
marriage. So it is important that they should be kept in jail. They have already
ruined her life and by doing this they create more problems in her life plus her
parents honour also gets affected (ma, baap ki ijjat kharab hojati hai na), they
are not in a state to show their faces to anyone because of this."

Surviving Sexual Violence / 117


Overall, they expressed their concern with the long time that court procedures
take

."…..in our system, one has to run too much for follow up (bahut bhagna padta
hai). One accepts this. But the problem is that there are several tedious
procedures and loopholes (chakke panje) such as, 'This is required, that is
required, this has to be done this way, etc etc….' and in all this a lot of time get
wasted. The main point and target is that the child and her future are very
important. For instance, if we get injured, we may be hospitalized for some days
and the healing option is a must. What is required for regenerating should be
available but if that option is not available, or a lot of time goes into that, then it is
not good as her future is getting spoilt. And it does not feel good at all."

This articulation from the father of a child with disability depicts the concerns of
most of the parents. They want the child to move on and focus on the future, at
the same time the court procedures require her to remember every bit of what
happened accurately. They found themselves torn between healing the survivor
versus pursuing the case as they found the two contradicting each other.

Lastly there was a suggestion to set up a mechanism to monitor what was


happening at the ground level. This was suggested by an adult woman who had
to go to the police stations and courts repeatedly.

"There should be one team formed who can take stock of how many cases are
filed and what is the progress on those cases and they should meet people
personally, that is, those who have filed these cases and get the feedback about
the response they are getting from the police. If this happens, it will be very good
…..It should at every place, in hospital, court, police station everywhere this
system should be there."

Surviving Sexual Violence / 118


9.2 Recommendations for Informal System

"Survivor and family should not be isolated by society/community."


The respondents had several suggestions regarding changing mindsets. They
felt that families who have suffered required support from society. Nearly 20% of
the families had to relocate due to the community's hostility, while others had to
live in the same place and face it.

"There is a need to create safe places for children to prevent sexual abuse."
As an example, the respondent said that private tuitions and schools should
ensure that toilets are easily accessible so that girls do not have to go long
distances and make themselves vulnerable.

"By keeping quiet you are encouraging the accused."


Young women recommended that girls be encouraged to make complaints if
such incidents were to occur. They should not be scared of threats but come
forward and report them. Only then will the abusers be punished.

Changing the mindset around marital rape


"Society has still not accepted that a woman is an independent individual and
she has a right to say no even if it is a legal marriage; if she is not agreeing, then
so be it. This means that she has the first right over her body and if she does not
feel like engaging in a certain sexual act, then it should be respected."

Changing mindset
"People who have suffered should be supported and accepted by society. They
should accept that these people are also from our society and if we don't support
them, then who will support them? And if anything happens to anyone then do
they become dirty? ….(unpedaag lag gaya?), It is not like that. I don't think so.
In my opinion, they had that much courage that they went to the police and
made a complaint."

Surviving Sexual Violence / 119


"The main thing is people's perceptions (soch). If someone is strong he/she
can handle it, but if someone is weak, then that person will commit suicide with
his/her family. To whomsoever it happens - she will also commit suicide and in
grief, her parents will also die. This must not happen. The dirty thinking which the
neighbours have should change. That this has happened to her, 'we should help
her and care for her' should be the attitude. But these people give more pain to
the one already suffering."

"So I just want to say that neighborhood people should understand and try to
help. If they cannot help then they should not trouble them or kill their spirit or
compel them to commit suicide. My daughter was strong. She became
independent, stood on her feet. She took care of me and her brother as well.
She studied as well as earned, she was strong."

These expressions are pointers for the urgent need to work at the community
level to change the mindsets of people about sexual violence. Recognizing and
reporting it has been the focus of most awareness programmes but there is
need to go beyond and speak about the criminal justice system. Demystifying
the medical and court procedures is a must. The negative medical report, the
granting of bail and the acquittal needs to be put in perspective. Such information
and knowledge building would go a long way in changing community perceptions
and reduce victimization of those who show the courage to seek justice.

Surviving Sexual Violence / 120


10. Summing Up

This study is the first of its kind as it systematically enquires into the impact of
reporting sexual violence on survivors and their families. It is widely acknowledged
that sexual violence is highly under reported and so the ones that are reported
are probably the tip of the iceberg. Recent evidence based on the NCRB data
found that fewer than 1.5% of the victims of sexual violence in India report their
assaults to the police, though there is some indication of increased reporting of
incidents of rape to the police following a very high-profile fatal gang rape in
Delhi in December 2012.5 A similar observation has been made in a CEHAT
study based on hospital records that found that the numbers had increased
threefold post the incident in Mumbai.6 However, the conviction rates remain
as low as 18% (NCRB 2016).

It is also known that survivors who come out and report rape are fewer in number
than the ones who do not speak out due to "family honour". Rape is seen as a
loss of honour and not as violence inflicted on women. "A woman is losing her
chastity/modesty/honour"," "rape being worse than death", are notions that are
deeply patriarchal. These focus on individual women and do not recognize the
use of sexual violence as a systematic tool to oppress and silence women.
These notions also create stereotypes of good and bad victims. A woman's
character, her past relationships, whether she reported rape immediately or
after, whether she had any marks of injury on her (did she struggle enough), and
many such biases and prejudices are deeply entrenched in the way society as
well as institutions respond to her. Rape is not about sex. It is about display of
masculine power. Rapists are created by a society that devalues women and
promotes rape culture. It is widely known that over 90% of rapists are known to
the victim and are mostly partners, family members, neighbours or relatives.
The notion that it is the working class migrant men in urban areas that women
need to beware of is problematic.
5
McDougal et al., Releasing the Tide: How Has a Shock to the Acceptability of Gender-Based Sexual
Violence Affected Rape Reporting to Police in India? Journal of Interpersonal Violence, 1-23, 2018.
6
Understanding dynamics of sexual violence, study of case records, CEHAT 2018.

Surviving Sexual Violence / 121


A lot has been said and written on what needs to change at the level of institutions
such as the police, health and courts, in the Justice Verma Committee (JVC)
Report of 2013. The changes in rape law were followed by efforts to improve the
response of various institutions through issuance of guidelines, protocol, setting
up of child friendly courts, sensitization of personnel, amongst others.

The study is significant as it brings to the fore what is happening to those who
report the incident of rape. It was conducted in 2017 when many of these directives
had been implemented. Of the 66 respondents, two had decided not to enter the
criminal justice system but focused on the safety and well-being of child survivors,
one decided not to proceed after the hostile response of the police and hospital,
and two others did not go ahead as the perpetrator could not be found. However,
the rest of them had gone through the entire process or were in the process
when they were interviewed. They all wanted justice and as they put it, "He
should be punished for what he has done. He should be punished so that he
does not do this to anyone else".

It is evidenced that the journey of survivors who gather courage to disclose is


not easy as they face unsupportive reactions from individuals as well as
institutions (Ullman, 2000). The wide acceptance of rape myths make rape a
peculiar offence where victim blaming is more common than any other crime
(Grubb and Harrower, 2008; Bieneck and Krahe, 2011).Victim blaming has been
associated with increased feelings of guilty suicidal ideation, shame, low self-
esteem and self-blame among survivors (Kubany et.al., 1995; Ullman et.al.,
2007).The personal beliefs and behaviour of social service workers are also
sources of secondary victimization. These can manifest as belief in rape myths
that blame the victim for the assault and which result in providers voicing doubt
about the veracity of the victims' accounts, neglecting to offer important services
such as pregnancy testing, informing rape survivors about HIV-AIDS and other
sexually transmitted diseases, and legal prosecution of the sexual assault and
the performance of services in ways that leave victims feeling "violated and re-
raped" or which otherwise damage the victims' psychological well-being.
Survivors spoke about victim blaming and entrenched manifestations of rape

Surviving Sexual Violence / 122


myths in the way they described the unsupportive neighbourhood and the
unsupportive responses from the public institutions that they had approached
for redress and justice.

The experiences of the research participants reveal that surviving sexual violence
is gruelling and the entire family suffers at various levels due to the prevailing
attitudes of various stakeholders and the rigmarole of the system. The study
makes an important contribution in terms of evidence on how the multi-level
ecological factors affect survivors and their families. What emerges is the impact
of secondary victimization that survivors and their families have to cope with.
Secondary victimization refers to the behaviour and attitude of social service
providers that are "victim-blaming" and insensitive, and which traumatize victims
of violence who are being served by these agencies. Institutional practices and
values that place the needs of the organization above the needs of clients or
patients are implicated in the problem. Even very basic expectations from the
police such as registering the complaint immediately, being treated with dignity,
being taken seriously when they report continued threats and violence by the
perpetrator were not met. Calling them repeatedly to the police station and asking
them to repeat what happened, was a common experience. The health system
did not create a conducive environment for all survivors. The court experience
was overwhelming for most as they were left to themselves to deal with the
criminal justice system and its procedural rigmarole.

This retraumatization burdens the survivor and her family, increases stress
and prevents recovery from rape as evidenced in the on-going trauma and
health consequences that the survivor and/or her family members are still
suffering even after four-seven years of the incident. The respondents strongly
recommended the need for a support person to handhold, explain the various
steps in the CJS, and help them navigate the system.

Applying the ecological model to the experiences of respondents, we present


the aftermath of reporting rape at different levels:

Surviving Sexual Violence / 123


The study found that at the individual level, factors such as nature of assault,
age and other sociodemographic variables did not have a direct bearing on
health consequences and well-being. All of them reported immediate and/or
long-term health consequences. Survivors of all ages came forward and
disclosed various forms of sexual violence such as touching, attempt to rape
and penetrative assaults.

The relationship with the abuser had a bearing on the mental health of the survivor.
In cases where the abuser was an intimate partner, survivors suffered a
psychological impact including suicidal ideation and attempts at suicide. For
those who were sexually abused by intimate partners, the feeling of betrayal
and being cheated was deep. And so was the feeling that the perpetrator must
be punished. Even as one questions 'false promise to marriage' as rape, the
survivors' narrations highlight the cycle of violence that they were entrapped in.
Similarly, those survivors and their family members who had to live with continued
threats from the abuser and/or his family, reported high stress levels and 'living
in constant fear and anxiety'. The sexual nature of assault was a major barrier
in accessing health care, especially reproductive health services and it also
caused acute anxiety amongst young girls about whether the future partner
would come to know about the incident, whether she would be to bear a child
and so on. We could not speak directly to children but parents spoke about how
they had helped them cope with it.

At the micro level, the study looked at the response of the immediate and
extended family members. It was found that the family was supportive to children
and adolescents. They tried to create a safe and healing environment for the
children but restricted their mobility in many ways. The notions of 'good girls' do
not spend a lot of time outside the house, layered clothing7 for pubertal girls
were reported by some.

7
Young girls are often asked to wear several layers of clothing to hide the pubertal changes in the body to
avoid male gaze.

Surviving Sexual Violence / 124


For those who had eloped or had been cheated by their partners ('false promise
to marriage') or raped by their husbands, the family was not supportive. They
blamed the survivor for what had happened. These survivors found themselves
lonely and under immense pressure due to the attitude of the family as there
was a constant feeling that they had brought disgrace to the entire family.

The notion that 'punishing the accused' was the only way that society will believe
that the survivor was 'telling the truth' was deep-rooted to such an extent that
the families dreaded a negative court outcome. This was stronger amongst adult
women and adolescent girls due to the victim blaming that they had to encounter.
A young woman burnt herself and her brother perceived this as the only option
and right step taken by her, which ensured justice for her.

At the meso level, the study looked at the response of the police, hospital and
court. It was found that all three institutions were hostile and tough to navigate.
The rape survivor was doubted and seen with suspicion from the police station
to the court. Registering an FIR, which is the first step towards accessing justice
was an arduous process. The negative experiences in these institutions had a
long-lasting impact on the survivors and their families.

They had to face victim blaming at all institutions and it was disturbing that very
few had positive experiences with the police and courts. The only exception
was hospitals where most did not report negative experiences, which can be
attributed to the presence of a crisis intervention department in these hospitals
that brought them in touch with a counsellor/social worker who helped them
navigate the system. Similarly, a few had support from NGOs, which was crucial
in mitigating problems with the police and/or accessing other services. The
experience of the young girls who were forced to runaway with their boyfriends
due to domestic violence from their natal families, highlights the ordeal of what
the couple has to go through because of the criminalization of consensual sex
amongst adolescents. This requires urgent amendment in law.

Surviving Sexual Violence / 125


At the macro level, the study explored the interaction with the larger community,
neighbourhood, workplace, and schools in which survivors live and operate. It
was found that the broader social environment was wrought with rape myths
and a predominant rape culture. Nearly 20% of the survivors had to relocate to
another place due to the victim blaming attitude of the community, which calls
for changing the mindset. Overall, the ecosystem is that of disbelief of all rape
survivors. The families found themselves completely isolated as most people
around them did not want to associate with a family that had filed a 'rape' case.
There was a lot of pressure, both direct and indirect, to settle the matter as the
abuser was mostly from the same area. Parents were instructed by school
authorities to change school or not send the child till the case was over. The lack
of faith in the school system is evidenced by the fact that families of only five of
the forty-five child survivors informed the school about what had happened.
Many employers asked the survivor's parents to leave the job as they feared
that the police would come there repeatedly. All these interactions stigmatized
the survivors and their families, impacted their social interaction and deeply
affected their economic well-being. The perceptions that 'granting of bail' and
'acquittal' meant that the girl/woman was lying or that it was a false case were
so strong that these led to taunts, and harassment of the survivors and their
families, causing them agony and making them feel helpless.

At the chrono system, the study explored the impact of other forms of
discrimination. The study found that some of the survivors had to face multiple
traumas such as abuse from more than one person, continued abuse and threat
from the abuser, which had a debilitating effect on them. These were survivors
who also experienced severe violations at the level of the police station and
courts, which compounded the matter and made it more difficult for them to
carry on their daily tasks and live with dignity.

Class, gender, caste and community deeply impact the reporting as well as the
consequences of reporting. The responses of the formal and informal systems
to survivors and their families explored in this study are enmeshed in the way
class, caste and community of the survivors as well as abuse interplay. It does

Surviving Sexual Violence / 126


not impact all survivors in the same way. Bhanwari Devi, a Sathin who was
campaigning against child marriages in Rajasthan was gang raped by upper
caste men. She faced insensitivity by the police, doctor and ultimately the district
court pronounced that upper caste men could not have raped a Dalit woman.
She continues to pursue justice as her case is still pending in the SC. There
cannot be a hierarchy of victimhood, wherein the rape of a woman from the
upper or middle class is considered more heinous than that of a working class
woman. But the responses and impact may differ based on her access to
resources and status. What always remains hidden is sexual violence perpetrated
by the state, which is not in the scope of this study.

Table 10.1: Aftermath of reporting Sexual Violence

Ecological Level Domains Explored Study Findings

Individual Factors - Sociodemographic - Threats by abuser had


Bio-psycho-social variables: Age, a negative effect
characteristics of the community, income, - Relationship with the
person education, employment abuser impacts mental
Nature of assault: health
Type of assault, - Sexual nature of
relationship to assault as a barrier in
perpetrator, threats accessing healthcare,
from perpetrator especially reproductive
Health consequences- health care
physical and mental
Micro system: Response of immediate - Suppor t from
Direct interpersonal and extended family immediate family for
interactions between Response of children and
individuals and community adolescents focusing
members of their on education
immediate environment
such as families,
friends, and peers

Surviving Sexual Violence / 127


Ecological Level Domains Explored Study Findings

Meso/exosystem: Police, Medical, Legal, - No suppor t for


Interconnections / Cour ts- Public elopement, false
linkages between Prosecutor, cour t promise to marriage,
individuals, between experience IPV
individuals and - Victim blaming at all
systems; organizations levels- first point of
and social systems contact being the police
(e.g., legal, medical, and Court
and mental health); - Crisis intervention
department in hospitals
Macro system: Existing rape myths, - Not wanting to
Societal norms, messages about rape associate with family
expectations, and that filed SV case
beliefs that form the - Pressurizing them to
broader social settle
environment - Bail and acquittals
- Sense of justice-
acquittal equated to
false case
- Schools not wanting
survivors to continue
- Employers not
wanting survivors there
Chrono system: Cumulative trauma - Brutal and continued
Changes that occur over a lifetime- witness abuse
over time between to violence, caste,
persons and their religion, community
multiple environments based discrimination/
violence

Surviving Sexual Violence / 128


What this means for Intervention

The experiences of survivors and their families with the community and the
criminal justice system reflect the deep impact it has had on their lives. Efforts
being made to make these less arduous do not seem to have made much
difference. In fact, the respondents spoke vividly about the changes they
recommend at the level of the public institutions, the change in societal attitude
to rape and the support that they need. It is this aspect that requires thought and
action and we need to conceptualize services for rape survivors to make them
more relevant and effective. For example, the positive experience of survivors
in the hospitals was due to the presence of a crisis intervention department.
Although the counsellors offered continued support to the survivors, following
up with them after hospital visit was difficult. The circumstances were such that
they could not come back to the hospital's crisis intervention department. Most
of them were lost to follow up. Of all the women who had come to the hospital,
contact could be established with only 25% of them. Of the 66 who participated
in the study, 30 required support and intervention but they had never contacted
the counsellor or expressed the need in any earlier follow up call. So one very
clear need is that all the three institutions - the police, hospital and court, have a
crisis intervention /counselling department that provides support to every rape
survivor.

There is an urgent need to reconceptualize services for survivors and their


families to provide them with much needed support both in their pursuit for justice
through the criminal justice system and also other social, economic and emotional
support. There is a need to set up services that help them navigate the various
systems to prevent retraumatization or secondary victimization. The health needs
are not limited to immediate health consequences of the post incident, but there
are long-term health consequences of the incident as well as various interactions
with the larger social environment and institutions. These needs are not limited
to the survivor but extend to the family as they survive in a community that is
hostile and loaded with rape myths. The amended rape law mandates private
hospitals to provide treatment and it is imperative that the medical associations

Surviving Sexual Violence / 129


take a lead in ensuring that the private sector is held accountable and responds
to specific health needs of survivors and their families and not refer them to
public hospitals.

It is certain that much more needs to be done to help survivors and their families
to overcome the trauma that they experience every day. Justice therefore is not
just punishing the abuser but ensuring that the survivor is able to live with dignity.

Awareness about rights and procedures right from the time a rape is recorded
till the court outcome, will make the journey of survivors in accessing justice
bearable. As is evident from the study, there is a need to create awareness
about the rights of survivors, demystify the procedures and create mechanisms
for seeking redress in case of any violation of right. This will enable survivors to
enter the criminal justice system and mitigate the insensitive and callous response
of duty bearers. The socioeconomic consequences of reporting rape also need
attention - ensuring access to compensation, support in accessing other welfare
schemes, hostels for children, skill building/vocational training, services for
persons with disabilities, are other needs that must be prioritized along with
pursuing the case in court.

What the study also brings to the fore is the response of the informal system
such as the neighbourhood and larger community that survivors and families
have to cope with, which can be hostile irrespective of the form of sexual violence.
It calls for awareness and change of attitude through focused interventions at
multiple levels. Along with creating awareness about forms of sexual violence, it
is also critical to question the rape myths and work towards inducing confidence
through affirmative messages.

To conclude, institutional biases must be addressed and changes brought in at


all levels to create a safe environment for those who seek justice. There is a
need to institutionalize services that provide care and support to survivors and
their families irrespective of whether they are in the criminal justice system or
not.

Surviving Sexual Violence / 130


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Annexure 1 Informed Consent Letters

Informed Consent 1

Namaste,

I am …………………….working at CEHAT and/or Dilaasa.

You had come to ………………..hospital on ……………..for treatment and we


had met you and provided you with counseling services.

Now, how are you? What are you doing these days? Where are you staying?
Any concerns related to the incident?

Introduction to the study:

CEHAT has been working with the MCGM since 2008 to provide comprehensive
health care to all survivors of sexual violence. Since then more than 720 survivors
have benefited from this work. We now want to speak to all these survivors and
with their help, understand their experiences of interfacing with formal agencies
such as the police, hospital, public prosecutor, courts and informal agencies
such as family, community. From the time they reported the incident of sexual
violence, we would like to know all their positive and negative experiences. We
want to understand how this incident has impacted their physical, mental health,
their work/employment and their relationships.

Your experiences are valuable to us and based on the experiences, we will


work towards what needs to change in the institutional responses so that
survivors are able to access these services.

Surviving Sexual Violence / 139


However, your participation in the study is voluntary and you can refuse to
participate. If you refuse, please be assured that this will not have any bearing
on the services.

We assure you of confidentiality if you agree to participate in the study. Your


name and other identifiable details will be not be revealed anywhere. We will
need at least one hour for this interview. If you agree to participate, please tell us
which place you prefer as the place for interview. We will conduct the interview
as per your convenience. We would like to offer you INR 300 for the time and
effort you are taking to participate in this study.

Informed Consent Form at the time of interview:

Thank you for agreeing to participate in the study

I work at CEHAT-Dilaasa. CEHAT is the research centre of Anusandhan Trust


and works on health and related issue since 1994. Since 2008, CEHAT has
been working with the MCGM to provide counseling services to survivors of
sexual violence. In all these years, 720 such survivors have been provided
services.

We are now conducting a study to understand the experiences of all the survivors
and their families, with the hospital, police, lawyers and courts and also their
experiences with the immediate and extended family and community. We are
documenting the positive and negative experiences from the time of reporting
the incident of sexual violence and the impact of the incident on their physical
and mental health, on income and employment and relationships. We want to
understand this from the perspective of the survivors. Based on the study, we
will make efforts to bring about the necessary changes at the institutional levels
so that all survivors are able to access these services with dignity.

Through this study, we will ask you some questions related to your experience
with the hospital, police and legal system which will require about one hour of

Surviving Sexual Violence / 140


your time. During the interview, if you do not feel like answering any question
you can say so, if you feel like stopping the interview you can ask me to stop.
You can withdraw your participation at any stage of the interview. All the
information that you give us will remain only with the team working on this study.
We understand that talking about all this will not be easy for you and we will not
ask you any questions about the actual incident as these are already with us.
We will only discuss what happened after the incident.

Your experience is valuable but the decision to participate in the study or not is
completely yours. Your refusal will have no bearing on the services we provide.
We assure you complete confidentiality, your name or other identifiable details
will not be revealed in the report or other material that is published.

As you have travelled all the way for this interview, we would like to compensate
your time and travel cost by giving you INR 300 as a token.

If you have any questions, please do ask me or if you want to contact us later
you can call us on the numbers given below.

Sangeeta Rege,
CEHAT, Aaram Society Road, Vakola, Santacruz East, 55, 9029073154

If you have any questions about this process or doubt, you can call
Dr Anant Bhan at 7747012060or 94 201 601 70, [email protected].

If you agree to participate, then kindly sign below:

Survivor's consent ………………..

Consent of parent in case of survivor less than 18 years ………………..

Surviving Sexual Violence / 141

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