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Justice After Rape: A Survivor’s Guide to Legal Procedure, Evidence, and Your Rights in India (2025)
More information on the topic, Justice After Rape: A Survivor’s Guide to Legal Procedure, Evidence, and Your Rights in India (2025)
A rape survivor’s courage is profound—and the Indian legal system offers several protections and remedies for those seeking justice. This post serves as a comprehensive legal roadmap for women navigating the aftermath of rape, from filing an FIR to trial procedures and legal safeguards.
Jump to:
- Legal Definitions and Categories
- Filing an FIR and Initial Steps
- Medical Examination and Evidence
- Court Procedure and Trial Stages
- Special Protection for Minors (POCSO)
- Legal Aid and Survivor Support
- Related Posts on PEACE
Legal Definitions and Categories
Rape is defined under Section 375 of the Indian Penal Code (IPC). Consent is central to the definition, and even implied or forced acts can qualify as rape under the law.
- Section 376 IPC: Prescribes punishment for rape (minimum 10 years imprisonment to life).
- 376A–D: Covers aggravated cases (custodial rape, gang rape, repeat offenders, etc.).
Marital rape is still not criminalized under Indian law except in specific cases (such as under POCSO or when the wife is under 18).
Understanding what constitutes rape under Indian law is critical for survivors, families, and support networks seeking justice.
Section 375 of the Indian Penal Code (IPC) defines rape not just as non-consensual intercourse, but also includes a broader set of sexual acts committed without a woman’s free and voluntary consent. The law recognizes that consent obtained by fear, deception, intoxication, or coercion is not valid consent. Furthermore, silence or lack of resistance does not imply consent.
Here’s how the law breaks it down:
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Rape includes: penetration (even minimal) of the vagina, mouth, urethra, or anus by the penis, fingers, or any object, without the woman’s consent.
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Consent must be active: expressed through clear, unambiguous, and voluntary agreement.
Section 376 IPC: Punishment for Rape
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The punishment ranges from a minimum of 10 years to life imprisonment, depending on the nature and severity of the offense.
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The court may also order monetary compensation for the survivor under Section 357A CrPC.
Sections 376A–D: Aggravated Forms of Rape
These sub-sections classify more serious or violent crimes:
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376A: Rape causing death or a vegetative state — punishable with life imprisonment or death.
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376B: Sexual intercourse by a husband upon his wife during separation — criminal offense, with up to 2 years' imprisonment.
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376C: Abuse of authority (such as by police officers, public servants, or superintendents of institutions).
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376D: Gang rape — each participant is punished with a minimum of 20 years, extendable to life imprisonment, and required to pay compensation.
What the Law Doesn’t Yet Cover
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Marital Rape: India does not currently recognize marital rape as a criminal offense if the wife is over 18 years old and the couple is legally married. This exception has been widely criticized and remains a matter of public and judicial debate.
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Under POCSO: However, sexual acts with a minor (under 18), even within marriage, are treated as statutory rape under the Protection of Children from Sexual Offences (POCSO) Act, 2012.
Filing an FIR and Initial Steps
Every rape survivor has the right to file a First Information Report (FIR) at any police station, known as a Zero FIR. The FIR can be filed without jurisdictional restriction.
- A woman police officer must record the statement.
- The victim has the right to a Section 164 CrPC statement before a Magistrate, which is considered strong evidence.
- If the survivor is unable to go to the police station, she can request an officer to come to her residence or hospital.
Taking the first legal step after a traumatic event like rape can be overwhelming. But it’s important to know that the law in India is designed to make this process accessible, survivor-centric, and responsive.
Right to File a Zero FIR
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A rape survivor can file an FIR at any police station, regardless of where the incident took place. This is known as a Zero FIR, and it must be accepted by police without delay or jurisdictional objection.
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The police station is legally obligated to register the FIR and transfer it to the appropriate jurisdiction later.
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Delays in filing an FIR do not discredit the survivor’s account. Courts understand the trauma involved and assess cases on merit.
Statement Recording: Gender-Sensitive Procedure
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Section 154(1) of the CrPC mandates that a woman police officer or any female officer must record the survivor’s statement.
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If a woman officer is not immediately available, arrangements must be made to bring one in. This is not optional—it’s a right under the law.
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The statement must be recorded in a language the survivor understands and should be read back to her for confirmation.
Section 164 CrPC: Magistrate’s Statement
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The survivor has the right to give her statement before a Judicial Magistrate under Section 164 of the Criminal Procedure Code (CrPC).
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This statement is recorded under oath and is treated as substantive evidence in court.
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It is voluntary, confidential, and protected. The police cannot be present during this testimony unless specifically permitted by the Magistrate.
If the Survivor Cannot Go to the Police
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The law recognizes that medical or psychological trauma may prevent a survivor from visiting the police station.
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In such cases, the survivor can request a police officer to come to her residence, hospital, or any place of her choosing to record her complaint.
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Hospitals and medical personnel are also legally required to inform the police and assist the survivor in accessing legal help (per Section 357C CrPC and Section 166B IPC).
Medical Examination – Not a Precondition
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A survivor’s FIR must be registered even if she refuses medical examination or if it is delayed.
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Police cannot insist on a medical report as a prerequisite for lodging the FIR.
Medical Examination and Evidence
Medical examination is critical to support the case and should be conducted within 24 hours, though delay is not fatal to the case.
- Conducted at a government hospital or rape crisis center.
- Consent is required before the exam is conducted.
- Forensic evidence (semen, injuries, blood stains) is documented.
No “two-finger test” is allowed; the Supreme Court has ruled it unconstitutional and a violation of dignity.
A prompt medical examination plays a vital role in supporting the survivor’s testimony and collecting forensic evidence that can strengthen the legal case. However, even if there is a delay, the survivor’s statement remains central, and justice is still possible.
Timeliness and Importance
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The ideal time window is within 24 hours of the assault, as this allows for maximum retrieval of physical and forensic evidence such as semen, saliva, hair, blood, or other biological material.
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That said, delayed reporting or examination does not invalidate the case. Courts have recognized that trauma, stigma, and emotional shock often cause delays.
Where the Examination Happens
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The medical examination is conducted at a government hospital, a registered rape crisis center, or an institution with qualified forensic medical personnel.
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Private hospitals are also legally obligated to conduct emergency medical treatment under Section 357C CrPC and Section 166B IPC.
Consent and Dignity First
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Consent is absolutely mandatory. The survivor must give informed written consent before any medical examination can be carried out.
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If the survivor is a minor, consent must be obtained from a parent or guardian. In life-threatening cases, medical help must be given even if consent cannot be obtained immediately.
What the Examination Includes
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A trained female medical officer, wherever possible, will conduct the examination.
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It involves collecting and documenting:
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Physical injuries, both external and internal.
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Forensic samples: semen, hair, blood stains, nail scrapings, or saliva swabs.
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A detailed medical history of the incident, including physical and mental condition.
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The chain of custody of forensic samples is maintained carefully to ensure admissibility in court.
The Ban on the “Two-Finger Test”
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The "two-finger test", which was once used to determine the laxity of vaginal muscles, has been completely outlawed.
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In a landmark judgment, the Supreme Court of India ruled this practice unconstitutional, stating that it violates a survivor’s right to privacy and dignity (Lillu @ Rajesh and Anr v. State of Haryana, 2013).
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Any medical professional conducting such a test today is liable to face disciplinary and legal consequences.
Survivor’s Right to Free Medical Treatment
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All medical services, including diagnostic tests, treatment, and psychological care, must be provided free of cost.
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Hospitals are required by law to preserve evidence and issue a Medico-Legal Case (MLC) report for legal use.
Court Procedure and Trial Stages
The trial process is in-camera (closed court) and the identity of the victim is protected by law.
- Charge sheet filed by police after investigation.
- Testimonies: The survivor may be called for cross-examination. Legal support and privacy are ensured.
- Judgment: If convicted, the accused may face rigorous imprisonment and fines.
Fast-track courts have been set up in many states to speed up rape trials.
Once the police investigation concludes, the matter proceeds to the trial stage. The legal system is structured to ensure that the survivor is treated with dignity, and that justice is both swift and fair.
In-Camera Proceedings for Privacy and Safety
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All rape trials in India are held in-camera under Section 327(2) of the Criminal Procedure Code (CrPC).
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This means the general public and media are not allowed in the courtroom. Only essential personnel, the survivor, lawyers, and the judge are present.
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The survivor’s identity must not be disclosed in any public platform, including by the media. This is protected under Section 228A of the Indian Penal Code (IPC).
Filing of the Charge Sheet
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Once police complete their investigation, they file a charge sheet before the magistrate, detailing:
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Accusations and evidence collected.
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Medical reports, witness statements, forensic analysis, and the survivor’s Section 164 CrPC statement.
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The accused is then summoned and formally charged by the court under the relevant sections of the IPC (typically Section 376 and others depending on aggravating circumstances).
Trial Stages
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Framing of Charges
The judge reviews the charge sheet and frames specific charges against the accused. -
Prosecution Evidence
The prosecution presents its witnesses and evidence. This includes:-
Survivor’s testimony.
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Medical and forensic experts.
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Police and other eyewitnesses.
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Cross-Examination of the Survivor
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The survivor may be called for cross-examination by the defense.
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Indian courts have emphasized sensitive and respectful handling of the survivor during cross-examination.
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Legal aid and emotional support services are allowed to accompany the survivor.
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Defense Evidence
The accused can also present witnesses and evidence in their defense. -
Final Arguments and Judgment
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Both sides present closing arguments.
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The judge delivers a verdict based on all evidence and testimony.
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If found guilty, the accused may face rigorous imprisonment, ranging from 7 years to life imprisonment, or even death penalty in extreme cases (e.g., gang rape of minors under POCSO).
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Fast-Track Courts for Speedy Justice
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Recognizing the gravity of rape cases, the Indian judiciary has created Fast-Track Special Courts (FTSCs) in many states.
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These courts are mandated to prioritize sexual assault cases, aiming for disposal within 2 to 6 months.
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However, the actual speed can vary depending on workload, evidence backlog, and case complexity.
Victim’s Participation and Protection
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Survivors can request video conferencing or separate waiting areas to avoid direct contact with the accused.
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Victim Compensation Schemes under the National Legal Services Authority (NALSA) are available during or after the trial.
Special Protection for Minors (POCSO)
For survivors under 18, the Protection of Children from Sexual Offences (POCSO) Act, 2012 applies:
- Mandatory reporting of abuse.
- Special Child Welfare Committees and Juvenile Justice Boards assist.
- Child-friendly procedures in police and court settings.
POCSO ensures the survivor is never re-traumatized during proceedings.
When the survivor is a child (i.e., below 18 years of age), the case is governed by the Protection of Children from Sexual Offences (POCSO) Act, 2012. This is a special law designed to provide strong legal safeguards, ensure child-sensitive procedures, and deliver speedy justice without causing further trauma to the minor.
Mandatory Reporting
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Section 19 of the POCSO Act makes it compulsory for any person (including teachers, doctors, neighbors, relatives) who has knowledge of sexual abuse against a child to report it to the police or Special Juvenile Police Unit.
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Failure to report such an offence can result in legal penalties, including imprisonment and fines.
Immediate Police Action and FIR
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Upon receiving information, the police must register an FIR immediately, without delay or questioning the credibility of the child.
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The child’s statement is recorded in a non-threatening environment, preferably at their residence or a place of their choosing, and by an officer not below the rank of Sub-Inspector, who must be trained to handle child-sensitive cases.
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Wherever possible, the statement should be taken by a woman police officer.
Role of Child Welfare Committees (CWCs) and Juvenile Justice Boards
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The Child Welfare Committee (CWC) is informed and steps in to provide necessary protection, shelter, counseling, and medical support to the child.
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If the child is an orphan, homeless, or in danger, the CWC arranges for safe institutional care during and after the trial.
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The Juvenile Justice Board (JJB) may become involved if the accused is also a minor.
Child-Friendly Court and Legal Procedures
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Special POCSO Courts have been established across India to handle such cases exclusively and expeditiously, ideally within 1 year from the date of reporting.
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Key child-friendly procedures under POCSO include:
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No child can be detained at a police station overnight.
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The child’s identity must be protected throughout the proceedings.
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The court environment must be child-sensitive – for example, lawyers should not wear black robes or use intimidating language.
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Video conferencing, one-way mirror arrangements, or separate waiting rooms are allowed to prevent direct confrontation with the accused.
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Cross-examination is controlled by the judge, who may disallow questions that are irrelevant or traumatic.
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Preventing Re-traumatization
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POCSO mandates that all authorities involved — from police to hospitals to courts — must prevent repeated questioning or unnecessary medical exams that might re-traumatize the child.
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The law strictly prohibits aggressive questioning, moral judgment, or any form of secondary victimization.
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Counseling services, psychological aid, and support persons (appointed under Section 39 of the Act) are available to accompany and assist the child throughout the process.
Strict Punishments
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POCSO defines a wide range of sexual offences — from penetrative and non-penetrative assault, to sexual harassment, and use of children in pornography.
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Punishments are stringent:
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Minimum 10 years imprisonment for aggravated penetrative assault.
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Life imprisonment in extreme cases.
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No bail is usually granted unless the court is satisfied that the child's safety is assured.
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Legal Aid and Survivor Support
- Legal Services Authorities (LSA): Provide free legal representation to survivors.
- Compensation Schemes: Nirbhaya Fund and other state compensation policies may offer financial relief.
- Psychological Counseling: Available at government hospitals and NGOs.
NGOs like Majlis Legal Centre, Breakthrough, and Shakti Shalini provide hands-on support throughout the legal process.
Survivors of sexual violence are entitled to free legal, psychological, and rehabilitative support from both government and non-governmental sources. This support is vital in navigating the complex legal system and ensuring justice without financial or emotional burden.
1. Legal Services Authorities (LSA)
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Under the Legal Services Authorities Act, 1987, every rape survivor has the right to free legal aid, irrespective of their income level.
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The District Legal Services Authority (DLSA) assigns a trained legal aid advocate who will represent the survivor at every stage of the criminal justice process — including filing the FIR, applying for bail opposition, and trial representation.
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Survivors can also request a female legal aid lawyer if they are more comfortable.
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The LSA also coordinates with police, hospitals, and shelter homes to ensure a survivor-centric approach.
2. Compensation Schemes for Survivors
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Under the Nirbhaya Fund and state-specific Victim Compensation Schemes, survivors may be eligible for monetary compensation to help with medical treatment, rehabilitation, and livelihood support.
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Compensation can be awarded even if the accused is not convicted, and survivors can apply directly through the DLSA.
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The amount can range from ₹1 lakh to ₹10 lakhs, depending on the gravity of the offence and long-term impact on the survivor.
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Courts may also recommend interim compensation during trial to meet urgent needs.
3. Psychological Counseling and Medical Support
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Government hospitals, especially district and tertiary hospitals, are mandated to provide free counseling and medical care to survivors under the CrPC Section 357C and POCSO Act (for minors).
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Survivors are also entitled to:
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Post-Traumatic Stress care
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Suicide prevention support
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Rehabilitation and vocational training, if needed
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One-stop Centres (OSCs), set up under the Ministry of Women and Child Development, provide integrated services like first aid, police aid, legal aid, and mental health support under one roof.
4. Role of NGOs in Survivor Support
Several dedicated NGOs provide holistic assistance, ensuring that survivors are not left to navigate the system alone:
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Majlis Legal Centre (Mumbai): Offers free legal aid, legal literacy workshops, and representation in gender-based violence cases.
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Shakti Shalini (Delhi): Provides shelter, trauma counseling, crisis intervention, and legal support for women facing violence.
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Breakthrough (National): Focuses on community-based change, awareness programs, and connects survivors with legal and emotional support services.
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Rahi Foundation & Centre for Social Research: Offer specialized trauma healing for incest and child sexual abuse survivors.
These organizations not only help file police complaints, but also ensure respectful treatment, follow up on trial procedures, and assist with documentation, compensation, and relocation support when needed.
Related Posts on PEACE
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