Lok Sabha Question No. 2034 (UNSTARRED), answered on 2024-08-02
Subject: Protocols for Survivors of Sexual Violence
Ministry: WOMEN AND CHILD DEVELOPMENT
Asked by: Km. Sudha R, Smt. Jyotsna Charandas Mahant, Shri Pradyut Bordoloi, Shri Benny Behanan, Shri Hibi Eden, Shri Vishaldada Prakashbapu Patil, Shri K Sudhakaran

## GOVERNMENT OF INDIA

## MINISTRY OF WOMEN AND CHILD DEVELOPMENT

## LOK SABHA UN-STARRED QUESTION NO. 2034

TO BE ANSWERED ON 02.08.2024

## PROTOCOLS FOR SURVIVORS OF SEXUAL VIOLENCE

2034.   SHRI HIBI EDEN: SHRI VISHALDADA PRAKASHBAPU PATIL: SMT. JYOTSNA CHARANDAS MAHANT: SHRI BENNY BEHANAN: SHRI K SUDHAKARAN: KM. SUDHA R: SHRI PRADYUT BORDOLOI:

Will the Minister of Women and Child Development be pleased to state:

- (a)  the details  of the protocols in place to ensure that survivors of sexual  violence receive timely medical aid and psychological care prior to filing a police report, and the manner in which the Government is monitoring and improving the compliance with these protocols;
- (b) the details of concrete steps taken to integrate comprehensive knowledge of sexual and  gender-based  violence  into  India's  medical  education  curriculum  and  police training programmes;
- (c) the details of measures implemented by the government to facilitate an anonymous data reporting mechanism within the framework of Mandatory Police Reporting (MPR) of  sexual violence and the extent to which these measures have been effective in encouraging survivors to come forward to report the cases;
- (d) whether the implementation of MPR for sexual violence influenced the utilization and effectiveness of one-stop centre services; and
- (e) if so, the details thereof and the measures being taken to address any challenges identified in this process?

## ANSWER

## MINISTER OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI ANNPURNA DEVI)

- (a)  Ministry of Health & Family Welfare (MoHF&W) has formulated a document entitled 'Guidelines and Protocols- Medico legal care of victims/survivors of Sexual violence' with an objective to bring about a certain degree of uniformity in approaching, treating

and  documenting  cases  of  sexual  violence.  These  Guidelines  and  protocols  cover various  aspects,  such  as  role  of  health  professionals,  medical  examinations  and reporting, psycho-social care for survivors/victims, guidelines for interface with other agencies such as police and Judiciary, etc. The Guidelines have been circulated to all States/UTs in the country.

- (b)    In  order  to  implement  these  guidelines  &  protocols,  various  workshop  were organised by Ministry of Health & Family Welfare (MoHFW) jointly with WHO in different Regions/States of the country, with the following objectives:-
- i. Identify key challenges, constraints and gap in strengthening health sector response to sexual violence.
- ii. Develop an understanding of the national protocols and guidelines developed by the MoHFW and to expedite their implementations.
- iii.  Building  the  State  capacity  in  planning  and  implementation  of  such  specialized services.
- iv. Documentation and sharing of best practices and experiences of responding towards the needs of the victims of sexual violence among States/UTs.
- v.  To  emphasize  that  the  sexual  assault  victims/survivors  cannot  be  denied  free treatment in a hospital, whether it is a public or a private hospital.

The details of training courses and number of participants during last 03 years for crime against woman, and Juvenile Justice conducted by States/UTs & Outlaying units of Bureau of Police Research & Development (BPR&D) are as under:

| S. No.   | Years   |   Number of courses conducted |   Number of participants |
|----------|---------|-------------------------------|--------------------------|
| 1        | 2021-22 |                            10 |                      813 |
| 2        | 2022-23 |                            08 |                      181 |
| 3        | 2023-24 |                            05 |                      540 |
|          | Total   |                            23 |                     1534 |

Further,  details  of  Training  for  investigators  and  Prosecutors  courses  on  Women Safety conducted by States/UTs and outlying units of the BPR&D, under Nirbhaya Fund Scheme during the last three years are as under :-

| S. No.   | Years   | No. of Courses Conducted (for)   | No. of Courses Conducted (for)   | No. of Investigators/ Prosecutors Trained   | No. of Investigators/ Prosecutors Trained   | Total No. of Courses conducted for   | Total No of Investigators / Prosecutors Trained   |
|----------|---------|----------------------------------|----------------------------------|---------------------------------------------|---------------------------------------------|--------------------------------------|---------------------------------------------------|
|          |         | Investi- gators                  | Prose- cutors                    | Investi- gators                             | Prose- cutors                               | Investigators/ Prosecutors           |                                                   |
| 1        | 2021-22 | 238                              | 33                               | 6509                                        | 902                                         | 271                                  | 7411                                              |
| 2        | 2022-23 | 87                               | 15                               | 2103                                        | 288                                         | 102                                  | 2391                                              |
| 3        | 2023-24 | 205                              | 22                               | 5461                                        | 583                                         | 227                                  | 6044                                              |
|          | Total   | 530                              | 70                               | 14073                                       | 1773                                        | 600                                  | 15846                                             |

(c)  'Police and Public Order' are State subjects under the Seventh Schedule to the Constitution of India. The responsibility of maintaining law and order, protection of life and property of the citizens including investigation and prosecution of crime against citizens including Women & Children rest with the respective State Government. The State  Governments  are  competent  to  deal  with  such  offences  under  the  extant provisions of laws. However, the Ministry of Home Affairs, has issued Advisory dated 16 th   May,  2019  to  State  Government/UT  Administrations  regarding  mandatory registration of FIR or a Zero FIR (in case the crime is committed outside the jurisdiction of police station) under sub-section(1) of section 154 of Cr.PC in cases of commission of a cognizable offence including sexual assault cases on women, and intimating  that failure in this regard by any police official, is punishable offence.

(d)  and  (e)  The  One  Stop  Centre  (OSC)  scheme  is  being  implemented  by  the Government since 1 st  April, 2015 to provide integrated support and assistance under one roof to women affected by violence and those in distress, both in private and public spaces and also to provide an integrated range of services including medical aid, legal aid  and  advice,  temporary  shelter,  police  assistance,  psycho-social  counselling  to needy women. So far, 816 One Stop Centres have been approved in all 36 States/UTs, out of which 785 OSCs are operational. Over, 9.19 lakh women have been assisted through these OSCs since inception till 31 st  May 2024.

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