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The advisory
has detailed measures that are needed to curb crime against
this vulnerable section of the society.
The States and UTs have also been asked to convey
the status on the measures to the Centre within a month. The Government of
India have been advising the State Governments from time to time regarding
the steps that need to be taken to afford a greater measure of protection to
the women and in particular to prevent incidence of crimes against them. Through the advisories, the State
Governments were also requested to undertake a comprehensive review of the
effectiveness of the machinery in tackling the problem of women and to take
appropriate measures aimed at increasing the responsiveness of the law and
order machinery.
Some State Governments, no doubt,
have taken some measures in this regard. However, the inputs regarding crime
against women available with this Ministry indicate that these measures need
to be strengthened further. Despite several steps being taken by the State
Governments, picture still is very grim and disappointing. Complaints are
still being received regarding non-registration of FIRs
and unsympathetic attitude of police personnel towards rape victims and
victims of violence.
The National Commission for Women has
been undertaking visits to various States to review the status of women and
has been making available findings of their inquiry to the concerned State Governments
as well as to the MHA. The reports of
the inquiries conducted by the Commission in specific incidents indicate that
the level of sensitiveness and care with which crime against women should be
handled is not up to the desired level.
The Government of India is deeply
concerned with these trends and ground situation and has re-emphasized that
urgent action should be taken on the following:-
i.
Vigorously enforce the existing legislation relating to Crime against
Women and Children, i.e.,
Dowry Prohibition Act, 1961, Child Marriage Restraint Act,
1929, Immoral Traffic (Prevention) Act, 1956, Indecent Representation of
Women (Prohibition) Act, 1986, Commission of Sati (Prevention) Act, 1987 and
Violence against Women (Prevention) Act, 2005, Section 67 of the IT Act,
2000, the display of lascivious photographs/films on computer through
internet, etc.
ii.
Government must ensure proper enforcement of law and convictions in
women related crimes. Enforcement
agencies should be instructed in unambiguous terms that enforcement of the
rights of the weaker and vulnerable sections including women and children
should not be downplayed for fear of further disturbances or retribution and
adequate preparation should be made to face any such eventuality.
iii.
The administration and police should play a more proactive role in
detection and investigation of crime against women and ensuring that there is
no under reporting.
iv.
Increasing the overall representation of women in police forces. The representation of women in police at
all levels should be increased through affirmative action so that they
constitute about 33% of the police.
v.
Sensitizing the law enforcement machinery towards crime against women
by way of well structured training programmes, meetings and seminars etc.,
for police personnel at all levels as well as other functionaries of the
criminal justice system.
vi.
Government must take concrete steps to increase awareness in the
administration and among the police in particular, regarding crime against
women, and take steps not only to tackle such crimes but also deal
sensitively with the ensuing trauma.
vii.
For improving general awareness on legislations, mechanisms in place
for safety and protection of women, the concerned department of the State
Government must, inter-alia, take following steps:
a.
Create awareness through print and electronic media;
b.
Develop a community monitoring system to check cases of violence,
abuse and exploitation and take necessary steps to curb the same;
c.
Involving the Community at large in creating and spreading such
awareness; and
d.
Organize legal literacy and legal awareness camps.
viii.
Explore the possibility of associating NGOs working in the area of
combating crime against women. Citizens groups and NGOs should be encouraged
to increase awareness about gender issues in society and help bring to light
violence against women and also assist the police in the investigation of
crime against women. Close
coordination between the police and the NGOs dealing with the interests of
women may be ensured.
ix.
There should be no delay whatsoever in registration of FIR in all
cases of crime against women.
x.
All out efforts should be made to apprehend all the accused named in
the FIR immediately so as to generate
confidence in the victims and their family members;
xi.
Cases should be thoroughly investigated and charge sheets against the
accused persons should be filed within three months from the date of
occurrence, without compromising on the quality of investigation. Speedy investigation should be conducted
in heinous crimes like rape. The medical examination of rape victims should
be conducted without delay.
xii.
Ensure proper supervisions at appropriate level of cases of crime
against women from the recording of FIR to the disposal of the case by the
competent court.
xiii.
Help-line numbers of the crime against women cells - should be
exhibited prominently in hospitals/schools/colleges premises, and in other
suitable places.
xiv.
Set up exclusive ‘Crime Against Women and Children’ desk in each
police station and the Special Women police cells in the police stations and
all women police thana as needed.
xv.
Concerned departments of the State Governments could handle rape
victims at all stages from filing a complaint in a police station to
undergoing forensic examination and in providing all possible assistance
including counseling, legal assistance and rehabilitation. Preferably these victims may be handled by
women so as to provide a certain comfort level to the rape victims.
xvi.
The specialized Sexual Assault Treatment Units could be developed in
government hospitals having a large maternity section.
xvii.
The Health department of the State Govts.,
should set up ‘Rape Crisis Centres’ (RCCs) and
specialized ‘Sexual Assault Treatment Units’ (SATUs),
at appropriate places. RCCs could act as an interface
between the victims and other agencies involved.
xviii.
The administration should also focus on rehabilitation of the victims
and provide all required support. The
police should consider empanelling professional counselors and the counseling
should not be done by the police.
xix.
For improving the safety conditions on road, the concerned departments
of the State Government must take suitable steps to:
a.
Increase the number of beat constables, especially on the
sensitive roads;
b.
Increase the number of police help
booth/kiosks, especially in remote and lonely stretches;
c.
Increase police patrolling, especially
during the night;
d.
Increase the number of women police officers
in the mobile police vans;
e.
Set-up telephone booths for easy access to police;
f.
Install people friendly street lights on all
roads, lonely stretches and alleys; and
g.
Ensure street lights are properly and
efficiently working on all roads, lonely stretches and alleys.
xx.
The local police should arrange for patrolling in the affected areas
and more especially in the locality of the weaker sections of the
society. Periodic visits by DM &
SP will create a sense of safety and security among these sections of the
people.
xxi.
Special steps to be taken for security of women working in night
shifts of call centers.
xxii.
Crime prone areas should be identified and a mechanism be put in place
to monitor infractions in schools/colleges for ensuring safety and security
of female students. Women police officers in adequate number fully equipped
with policing infrastructure may be posted in such areas.
xxiii.
Action should be taken at the State level to set up of Fast Track
Courts and Family Courts.
xxiv.
Dowry related cases must be adjudicated expeditiously to avoid further
harassment of the women.
xxv.
Appointment Dowry Prohibition Officers and notify the Rules under the
Dowry Prohibition Act, 1961.
xxvi.
All police stations may be advised to display the name and other
details of Protection Officers of the area appointed under the Domestic
Violence Act, 2005.
xxvii.
Police personnel should be trained adequately in special laws dealing
with atrocities against women. Enforcement aspect should be emphasized
adequately so as to streamline it.
xxviii.
Special steps may also be taken by the police in collaboration with the
Health and Family Welfare Department of the State to prevent female
foeticide.
xxix.
Special steps should also be taken to curb the ‘Violation of Women’s
Rights by so called Honour Killings, to prevent forced marriage in some
northern States, and other forms of Violence’.
xxx.
Ensure follow up of reports of cases of atrocities against women
received from various sources, including NCW & SCW, with concerned
authorities in the State Governments.
The advisories issued by MHA,
inter-alia, include gender sensitization of the
police personnel, adopting appropriate measures for swift and salutary
punishment to public servants found guilty of custodial violence against
women, minimizing delays in investigations of murder, rape and torture of
women and improving its quality, setting up a ‘crime against women cell’ in
districts where they do not exist, providing adequate counseling centers and
shelter homes for women who have been victimized etc.
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Drive against Human Trafficking and Crime against Women to be intensified: Ajay Maken
