Violence and torture against children
My step-daughter is now aged 13, she was staying at her grand father’s house in 2008 (aged 8) when I married her mother who was widowed. But her step-grandmother was torturing her like a slave (physical abuse). Also sons& daughter of her grand mother were beating her at will. A year later we came to know about this and got her out of there.
Now she is a teenage girl but cannot overcome her traumatic past. She keeps remembering the past, her self-confidence is low. She for the first time approached me asking to take her tormentors to court/Police.
What legal option I have now, can I put a criminal case against her step-grand mother’s family now? What kind of evidence is required?
If possible to put a case then what should be the location , we stay in one location and her step-grand mother stays in some other location.
Please advise. Thanks a lot for your help.
Asked in Criminal Law from Mumbai, Maharashtra
She has abundant legal options enumerated hereunder.
1. She may file a FIR against her step-grand mother and the children of her grand mother for subjecting her to physical torture. All of them may be arrested and put behind bars for the felony committed by them. Since she is the sufferer her own statement is sufficient for the case to be lodged against all of them and them to be arrested in pursuance of police investigation.
2. If police does not lodge FIR then she can file the criminal case directly in the court whereupon the court, after recording a finding of the commission of offence by her step-grandmother and her family, order all of them to appear in the court and face the criminal proceedings.
3. Although the case can be lodged by her at her own place, but this is subject to how long back the offence was committed, domicile of all the abusers and the nature of injuries, if any, which had befallen to your step-daughter on account of physical abuse meted out to her.
4. In addition to to above, she can file a case against all of them seeking heavy monetary damages for the physical abuse sustained by her.
5. Consult personally with a lawyer before you move to the court as any weak link in the legal strategy so devised in such cases may offer an escape route to the accused.
Well advised by Mr. Ashish
Advocate, New Delhi
At first consult with a phisician for treatement of your step daughter,as she is under mental stress for inhuman torture she undergone,get medical certificate from doctor.
Now you lodge FIR against those who are involbed in such diabolic activities in local PS of their jurisdiction for physical and mental torture and also demand compensation from them through local District Court.
just file a complaint in local police station along with that file a complaint in national commission for children they will themselves take the matter forward.forget about time period or evidence which will be required
Advocate, New Delhi