Indian women have achieved every milestone and have made their presence and proved their worth in every field; but despite their strong presence all around they are still considered as soft targets. There are various cases where modesty of women has been abused during police arrest.

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Here we will discuss how women can protect themselves from abuse of their modesty and use legal rights which has been prescribed by Constitutional law as well as others law enforcement in India.

Indian Law has provided special provisions in Constitutional law as well as in Code of Criminal Procedure. Honorable Supreme Court and several High Courts have laid down various guidelines  to  check on incidents of police atrocities on women.

Following are the laws which police authorities or other authorities shall follow:

  • Women cannot be called to the police station for interrogation under Section 160 of the Criminal Procedure Code. This law provides Indian women the right of not being physically present at the police station for interrogation. "The police can interrogate a woman at her residence in the presence of a woman constable and family members or friends.

  • According to a Supreme Court ruling, a woman cannot be arrested after sunset and before sunrise. There are many cases of women being harassed by the police at wee hours, but all this can be avoided if you exercise the right of being present in the police station only during daytime. "Even if there is a woman constable accompanying the officers, the police can't arrest a woman at night. In case the woman has committed a serious crime, the police has to get it in writing from the magistrate explaining why the arrest is necessary during the night.

  • Under section 164 of the Criminal Procedure Code, a woman who has been raped can record her statement before the district magistrate when the case is under trial, and no one else needs to be present. Alternatively, she can record the statement with only one police officer and woman constable in a convenient place that is not crowded and does not provide any possibility of the statement being overheard by a fourth person. The cops have to, by law, upkeep the woman's right to privacy. It's important for the person to feel comfortable and not be under any kind of stress while narrating the incident.

  • At least one female police officer should be present when a woman is being arrested.

  • If women needs to be searched then it should be strictly done by another female police personnel with regard to  maintain her decency and modesty and if female police personnel is not available search can not be conducted.

  • If women has been arrested then she must be kept in a lock-up exclusively for women which is separated from men. if such room in not available then she must be kept in a separated room.

  • If women is pregnant then physical restraints must be avoided and safety of foetus should not be compromised in any case.

  • If a woman is accuse of death penalty and she is pregnant then she must be sentenced to life imprisonment instead of death penalty. 
These are your rights and you should definitely know about them so that you can help yourself and other women.

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