We talk about building a world where women could feel safe, yet they often have to face harassment in even the public places. And however sad it is, that doesn’t mean that women cannot do anything about it. But the expanse of misinformation around following up a legal procedure is so widespread, that women often prefer to stay silent about the horrendous act.
Well, that is not always the case. This woman shared her ordeal when she was molested in a train. But instead of giving up, she went through the entire legal procedure against him, and shared it all in her Twitter thread.
I was molested in a shatabdi and this is my thread on how to go about with the legal process @IndiaMeToo
— mmkay (@sokrafood) July 16, 2019
As she went through the process, the first thing she pointed out was the person who holds the highest authority in a train – the TT.
Many people don't know that TT wields power in any train. In fact, more than a police officer. My co-passenger in a drunken stupor molested me in a full shatabdi. First thing you do, scream and shout and alert the people around you because they are potential witnesses.
— mmkay (@sokrafood) July 16, 2019
Also, that it’s important for passengers around you to know something has happened. Not really so that they’d help, but they’re your potential witnesses.
Even if they don't help out, they are aware something like this has happened. Inform the TT. In my case, the TT wasnt close. I asked the pantry person to inform the police or TT. The RPF came before than the TT. I told him what happened. They escorted the person outside the cabin
— mmkay (@sokrafood) July 16, 2019
She also urged women to write everything down as it happened. This could be important, and she later reveals how. She said that write things down in as much detail as possible.
I got down at the next station with the officials. Ladies! This is important!! I know this can be a harrowing experience but you need to clear your mind and write down everything on a piece of paper!! This will not only help you frame your statement but later acts as evidence
— mmkay (@sokrafood) July 16, 2019
Whatever you can remember, irrespective of how small it might seem, write it down! Write down the behavior of your PERSON before attack, after the attack and even behavior of others around you because the first question they will ask is did u ask for help! Write down EVERYTHING!
— mmkay (@sokrafood) July 16, 2019
She also emphasized that it’s really important for you to file an FIR. For that, you must get off at the next station, as every railway station has a Police Thana. Police might be reluctant to file a complaint, but she urged women to be certain of filing a report.
Go to your nearest Thana/police station. Every train station has a police station. State clearly that you want to file an FIR. They will ask you to write a statement. Write the statement in front of the officials in case you have any issues, clear it then and there.
— mmkay (@sokrafood) July 16, 2019
Time is of essence in these cases. DO NOT LEAVE THE STATION WITHOUT FILING AN FIR. If they say we will file it, stay till they file it. I stayed for 3 hours at the police station because they were taking time to file it. But DO NOT GIVE UP. they have to file an FIR
— mmkay (@sokrafood) July 16, 2019
In case that the police station refuses to file a complaint, she suggested another alternative – Zero FIR.
In case they refuse to file an FIR, you can call up the police control room at 100 or the women's helpline services and file a ZERO FIR. The control room will guide you on the same. Take copies of your statement, even if it's photograph. Ask the police to give you a receiving
— mmkay (@sokrafood) July 16, 2019
Once the report was filed, she further added that she was summoned to the police station the next day, where she was asked to drop the charges. They asked her to think about the family and kids of the molester, but she stood strong on the fact that she needed to make the case.
They cited reasons of how I should think of the family and kids of the molester. I was adamant. I received a copy of my FIR. I was not withdrawing. I submitted my train ticket as evidence. You will have to repeat the story in front of different officials but don't give in!!
— mmkay (@sokrafood) July 16, 2019
As per her experience, she shared that since you’ll have to repeat the story multiple times, they’ll try to find flaws in it, to make your case weak. This is why it’s important to write everything down soon after the incident so you can be firm on what had happened.
They will try to find loopholes in your statement but you know what that person did and in clear audible words tell them what exactly happened. never deviate from your statement because then your case becomes flimsy
— mmkay (@sokrafood) July 16, 2019
The case here takes to court, but there’s no reason to falter or give in.
On the 3rd day I was taken to court. The judge clears the courtroom so that you may give your statement. The judge does warn you about the consequences of a lie or a false case. You will again repeat the statement before the judge. You will name witnesses that you named
— mmkay (@sokrafood) July 16, 2019
She elucidated that its really important for your loved ones to know what happened.
Ensure you tell your family or friends or people you trust after the incident so that they may also be your witness. They will be called and asked what you said to them and what happened. So it is important you inform anyone who is a friend or family
— mmkay (@sokrafood) July 16, 2019
She busted the myth behind legal procedures, as this is where most women abandon the ship.
The state prosecutor will be assigned your case and they will fight it on your behalf. You have to go for ONE COURT PROCEEDING. This will probably take one whole day in court but this is the only time you need to go. Youre served summons at whatever address you give the authority
— mmkay (@sokrafood) July 16, 2019
The prosecution will examine you first and then the defense lawyers will cross-examine you. They will try and find loopholes in your story or they will try and find differences between the police complaint you gave and the statement you are giving at the moment
— mmkay (@sokrafood) July 16, 2019
This is where the statement that you’ve written right after the incident comes in.
Hence it is important that you stick to the statement and why writing everything you remember is important because 7months down the line, you won't remember everything as clearly as you do during that moment and that's why take pics of the statement so that you know what u said
— mmkay (@sokrafood) July 16, 2019
Once the cross-examination is done, you can go home. That's all you should be involved !! You can also let me know if you need any clarifications or help on this 🙂
— mmkay (@sokrafood) July 16, 2019
Along with sharing the entire procedure, she also shared her own update on the case that she had filed.
Just a couple of updates:
1. We deboarded at the station I was supposed to originally deboard at with the person
2. The case is still on-going and awaiting judgment but it doesn't require my involvement anymore— mmkay (@sokrafood) July 16, 2019
It’s quite obvious that narrating the incident to people over and over could be mentally exhausting. But, women need to know that this is worth the fight. And with the myths of court-kachehri broken, we really hope more women would opt to fight back instead of keeping silent.
Cover image: Source