Mains Practice Questions

Approach

• Start your answer by briefly introducing the issue.
• Talk about various stakeholders involved in the case.
• Discuss ethical dilemmas involved in the case.
• Discuss the available options and course of action that should be taken.
• Conclude accordingly.

Introduction

A woman who has been gang-raped by four influential and well-connected men calls the superintendent of police for help. She is afraid to go to the police station or the hospital as she fears for her safety and reputation. You as the superintendent of police have to decide how to deal with this situation in a district that has a high incidence of crimes against women and many challenges and constraints in ensuring justice and protection for the victims.

Stakeholders Involved:

• Victim and family
• You (SP)
• Police Personnels
• Medical Professionals
• Family and Friends of the Victim
• Influential Individuals and their Connections
• Public and Media

The ethical dilemmas involved:

• Duty to protect: As a superintendent of police, there is a duty to protect the safety and well-being of all individuals in the district, including the victim.
• Justice and fairness: The alleged perpetrators are described as influential and well-connected individuals. This raises concerns about potential political interference and pressure that could hinder a fair investigation and trial.
• Confidentiality and trust: The victim express fear about her reputation being compromised if she comes forward. It is essential to respect her confidentiality and protect her identity.

Options Available:

• Reporting the Issue immediately: Get the issue reported immediately and take action.
  • Pros:
    • Preservation of Evidence: Increases the chances of collecting timely and accurate evidence, such as DNA samples, witness statements, or surveillance footage.
    • Prompt Action: Allows law enforcement to take immediate action, such as issuing lookout notices, conducting searches, or apprehending the suspects. This can prevent the accused from fleeing or tampering with evidence.
    • Victim Support Services: It ensures that the survivor can access timely medical assistance, counselling, and support services. It provides emotional and psychological support to the survivor.
    • Legal Protection: Reporting the crime early initiates the legal process, including obtaining restraining orders or protective orders against the accused.
  • Cons:
    • Fear of Retaliation: The survivor may fear retaliation from the accused or their associates, especially if they are influential or well-connected.
    • Emotional Distress: The survivor may be emotionally overwhelmed immediately after the incident, making it difficult for them to gather the strength or composure required to report the crime.
    • Social Stigma and Prejudice: Reporting a crime, especially a sexual assault, can expose the survivor to social stigma, victim-blaming, or prejudiced attitudes.
    • Secondary Trauma: Reporting the crime immediately may subject the survivor to additional trauma through repeated interviews, examinations, and investigations.
• Exploring alternate options of reporting: Since the victim is hesitant and frightened, the alternate options like involving NGOs, Women Support Organizations can be explored.
  • Pros:
    • Safety and Security: Can provide a safer and more secure environment for the survivor, reducing the risk of immediate harm or intimidation by the accused or their associates.
    • Increased Trust and Comfort: It creates a more comfortable space for the survivor to share her ordeal, increasing the likelihood of her coming forward and providing crucial information.
    • Reduced Stigma and Prejudice: By avoiding immediate involvement of formal institutions like police stations, survivors may feel less exposed to social stigma, victim-blaming, or prejudiced attitudes.
    • Collaboration with Support Organizations: Exploring alternate options often involves collaborating with NGOs and support organizations. These organizations can provide comprehensive support, counselling, legal advice, and other services that may not be readily available within the police system.
  • Cons:
    • Delayed Collection of Evidence: By opting for alternate reporting options, there may be a delay in collecting crucial evidence, which could potentially weaken the case during investigation and prosecution.
    • Limited Investigation Capacity: Conducting a formal investigation may be challenging or limited if the survivor does not immediately report to the police.
    • Potential for Influence and Interference: If influential or well-connected individuals are involved in the crime, exploring alternate options may still expose the survivor to risks of political interference, pressure, or attempts to suppress the case.
    • Lack of Official Documentation: May result in a lack of official documentation or records, which could impact the formal legal process and the survivor's ability to seek justice.
    • Resource Intensiveness: It may require additional resources, logistics, and coordination between various stakeholders, such as NGOs, support organizations, and law enforcement agencies. This can create challenges and strain existing capacities.

Preferred course of action:

• Reassure the victim:
  • Personally speak to the victim, assuring her of confidentiality, support, and her safety throughout the process.
  • Provide her with information about available support services and the importance of seeking medical attention.
• Immediate Safety Measures:
  • Arrange for the victim's immediate protection by providing security personnel or placing her in a safe location.
  • Offer to accompany the victim to the police station or hospital to ensure her safety and provide support.
• Confidential Reporting:
  • Provide the victim with options for confidential reporting, such as filing a complaint directly to a trusted officer or through a helpline dedicated to crimes against women.
  • Assure the victim that her identity will be kept confidential throughout the investigation and legal proceedings.
• Provide safety to Victim and her family:
  • Deploy female police officers to ensure the victim’s safety.
  • Since the accused are influential persons, they might pressurize the victim to take back the case.
• Independent Investigation:
  • Assign a senior and experienced officer to lead the investigation, ensuring it is conducted impartially and free from political interference.
  • Monitor the progress of the investigation closely to identify and address any signs of external influence or bias.
• Arrange Support Services:
  • Connect the victim with support services, including counsellors, psychologists, or support organizations, to provide emotional support and guidance throughout the process.
  • Collaborate with NGOs and support organizations to ensure a comprehensive support system is available to the victim.
• Legal Assistance:
  • Connect the victim with legal aid services to provide legal advice and representation throughout the legal proceedings.
  • Collaborate with prosecutors and legal authorities to ensure a strong case is built against the perpetrators and that the victim's rights are protected.
• Public Awareness and Media Management:
  • Engage with the media to provide accurate and balanced information about the case, while respecting the victim's privacy and confidentiality.
  • Also, ensure the non-sensitization of the case by the media.
  • Conduct awareness campaigns to educate the public on crimes against women, their impact, and the importance of supporting survivors.

Conclusion:

As a Superintendent of Police, it's your duty to ensure women’s safety and justice to the victim. To do this, tailor your course of action to the circumstances and available resources, while prioritizing the victim's consent and safety. Reassure the victim, gather information, maintain confidentiality, and monitor the case closely. Advocate for systemic changes, raise awareness, sensitize police personnel, and collaborate with stakeholders to prevent and address crimes against women effectively.