Know Your Rights #1

A teenage domestic worker named Fatima was found dead yesterday 16.09.2017 in her employer’s home in DHA. Her employers claim suicide whereas the family of the deceased claims assault, rape and murder. The family of the deceased wanted to nominate the employers in the FIR while police insisted on lodging FIR against “unknown persons” refusing to lodge FIR against the employers citing lack of evidence. The police insisted that the employers were innocent and could not have committed the crime. This is an assumption on the part of police.

Regarding this, please know that getting an FIR registered against a crime is your right. Section 154 of the Code of Criminal Procedure, 1898 gives you the procedure of filing an FIR. When we give the police officer oral information about the crime they must write it down unless they can give a good enough reason for not doing so. If the police inspector on duty refuses to acknowledge your presence or does not wish to file an FIR, you can make a complaint to a higher ranking officer or write to the concerned Magistrate under Section 200.

Only after intervention from women’s rights activists and human rights activist was the FIR lodged as per the wishes of the Complainant i.e. the family of the accused and the employers were nominated.

Once you have given a complaint to the police either orally or in writing and they have recorded it in the form of an FIR, you should always check the contents before leaving the police station! If someone is unable to read (or unable to decipher the police’s handwriting!) then they should ask to have it read to them.

Do not let police discourage you from claiming your rights. Know your rights to claim your rights!

#KnowTheLaw #KnowYourRights

Disclaimer: The purpose is to disseminate information, to create awareness. The provided information can in no way be relied upon to put forward a legal claim.

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