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National
Commission for Women Violence against women in case laws
¢ Section 304-B ----- dowry death ¢ Section 354 ----- Assault or criminal force to woman ¢ Section 361 ----- kidnapping from lawful guardianship ¢ Section 366 ----- kidnapping, abducting or inducing a woman ¢ Section 372 -----selling minor for purposes of prostitution ¢ Section 376 ----- rape ¢ Section 376-A ----- intercourse by a man with his wife during separation ¢ Section 376-B ----- intercourse by public servant with woman in his custody ¢ Section 376-D ----- intercourse by any member of the hospital with any woman in that hospital ¢ Section 494 ----- remarriage ¢ Section 498 ----- enticing or taking away or detain a married woman ¢ Section 498-A ----- dowry cruelty
These are the main offences under the IPC against women. Certain offences are general against all women and certain offences are applicable in respect of married women.
Violence
against Women Violence
against women has been recognized as a major women’s health issue. It is
a worsening public health problem – an occupational health hazard. While
men are victims of violence in incidents of street violence, crime, etc.,
their partners and people known to them perpetuate violence against women.
Crimes against women in the form of sexual violence, sexual harassment,
etc., are definitely increasing. Epidemiological studies need to be
undertaken to identify the cause, extent, nature, spectrum 8 and forms of this pathology and its pathogenesis. Measures needed to deal
with this phenomenon should also be identified. Health personnel are not
trained adequately and sensitively to recognize and address this problem
medically, legally and psychologically. They are ill equipped to give
legal advice and counseling. Setting up of crisis centers offering
counseling, early medical check-ups for trauma, signs of violence, STDs.
HIV, are part of health measures which women need. Keeping in mind, the
growing incidence of crime against women, especially domestic violence,
stringent measures to check it are necessary.
Remedies
and Domestic Violence It is absolutely necessary that there should be change in social attitudes. Very few victims are able to take a stand against violence. It is paramount that the responsiveness of the concerned authorities must increase and this should be coupled with consistent documentation, which is essential for maintaining certain degree of transparency. Domestic violence cases require immediate redressal despite the present backlog of cases.
Courts
expeditiously to provide immediate redressal should handle domestic
violence cases. Publicizing the outcomes of cases would help making the
judicial system more accessible. I will conclude by quoting what Swami
Vivekanand almost more than a century ago had observed “the country or
nation which do not respect women have never become great nor will ever be
in future.” The National Commission for Women through its State
Commissions should network with the State Legal Services Authorities for a
continuous cooperation and participation in the legal aid programmes in
their mission of elimination of violence against women
Special Rights of Women and children
1. A woman can be searched, only by another woman with strict regard to decency. (Section 51 and 100 Cr.PC).
2. Any female occupant, who as per custom does not appear in public and not being the person to be arrested, has to be afforded reasonable opportunity to withdraw before entering a place for arresting a person who may be hiding there. (Sec.47 Cr.PC)
3. No male under the age of 15 years or a woman can be summoned by police as witnesses to depose about the facts and circumstances in a case under investigation at any place other than the place in which such male person or woman resides, (Sec. 160 Cr.PC).
4. Nothing is an offence which is done by a child under seven years of age. (Sec.82 IPC).
5. Nothing is an offence which is done by a child above seven years of age and under twelve, who has not attained sufficient maturity of understanding to judge the na ture and consequences of his conduct on that occasion. (Sec. 83 IPC). Crime Against Women In the U.T. ofa)
They
exclusively deal with the cases related to the Women folks. b)
They
receive complaints from the Women and attend to their grievance
immediately and solve their problem now and then. c) Counseling is being given by the All Women Police and helped in solving problems such as alcoholic problem / harassment by husband, problems created by in-laws / bigamy / child marriage, etc. d) Patrolling is being carried out by the staff of the All Women Police Station to nab the eve-teasers and other miscreants causing disturbance to the women folks. e) Periodical meetings are being conducted in the villages to create awareness amongst the women folk about their legal rights and to inform the Police whenever they are in distress. f)
Intensive
patrolling and rounds are being taken during peak hours at Colleges /
Schools / Market areas to bring confidence in the minds of girls and women
that the Police are patrolling in their areas. g)
Special
drives are being conducted to book cases under Immoral Traffic
(Prevention) Act. h)
Apart
from the functioning of All Women Police Station, the local Police
Stations of this U.T. of i)
It is
pertinent to mention that on careful scrutiny of the accused of the
offences under Immoral Traffic (Prevention) Act, though the accused were
convicted for the series of offence, their act of involving in the similar
offences continues and they are habitually involving in the prostitution.
So, it is evident that unless or otherwise some rehabilitation
measures are provided, the menace of prostitution may not be curbed fully. I herewith enclose the Comparative Statement of Crime Against Women for the last five years upto August, 2004 and also furnished particulars of family counseling cases dealt during the last five years upto August, 2004 for your kind perusal please.
At present, the Govt. has given approval to establish two more All Women Police Stations i.e. one at Villianur and another at Karaikal with intent to have effective control over offences against women and other related problems.
In
accordance with the suggestions made by The National Commission for women
“Mahila-Desk” (Women Desk) has been opened on 17.09.2004 in all 19
Police Stations of Puducherry
it
is being looked after by women police personnel. Violence/Crime
Against Women In the U.T. of Puducherry , Crime Against Women cases are less in number. There is a redressal mechanism in the form of All Women Police Station which deals exclusively crime against women in Puducherry region. In addition to this the other police stations are also dealing the above cases.
The
comparative Statement of Crime Against Women for the last five years in
respect to U.T. of There
is no separate The All women PS is giving counseling to the women for the family squabbles and also solving the problems of women by compromise and warning of also register cases according to the complaint given by the women victims. The Police Station is also conducting awareness camps at various villages with the help of NGOs. Both All women Police Station and other Police Stations are booking cases against eve-teasers and also deploying men and women police at crime prone areas such as schools, colleges, market, bus stand, beach and park to prevent crime against women.
Special
drives are being conducted to book cases under ITP act. In
co-ordination with the NGOs the crime against women cases are prevented. The
victims of Rape cases are sent to shelter Home run by some of the NGOs. Child
Marriages Child
Marriages are not highly prevalent in Inadequacy
of Laws/Proposals of the State Government to enact laws or to make
provisions in existing laws to further promote the cause of women,
functioning of women courts / implementation of PNDT Act: (1)
Complaints are being received from unwed mothers who are
deceived by their lovers. Such
complaints attract only sections 493 & 417 IPC which are
non-cognizable offences. In
order to take immediate/serious action against the accused persons section
420 IPC is being added to the above sections, as per the advise of
Director of Prosecution to make the offence as cognizance.
But it is not a suitable and correct procedure.
Hence, it is suggested that recommendation may kindly be made to
incorporate some other correct section in the IPC as that of 498”A”
IPC in order to provide justice to the women victims. (2)
Since the sections 493 IPC to 498 IPC are non-cognizable
offences, the police are unable to take action.
These offences are mainly relating to family problems.
Hence, it is suggested to take necessary action to convert these
offences as cognizable offences. (3)
In the U.T. of (4)
But in Tamil Nadu, they enacted an Act i.e. The Tamil Nadu
Prohibition of Harassment of Women Act 1998.
In the act, sections 3 & 4 says prohibition of harassment of
women and penalty for harassment of women.
The punishment for the offence is imprisonment for a term which may
extend to three years and with fine which shall not be less than ten
thousand rupees. The other
sections describe other offences relating to women.
The Xerox copy of the above act is herewith enclosed for kind
perusal. (5)
In order to take stringent action against the eve-teasers
and to provide protection to women, a separate act may be enacted in the
in the U.T. of (6)
Registration of Marriage should be made compulsory.
During Registration of birth of the child, the grand father
(father’s father) name should be compulsorily entered in order to avoid
bigamy / extra marital relationship. (7)
There is no separate court in (8)
So far no case was registered under PNDT Act in
NOTES ON CRIME AGAINST WOMEN The general problem the victims of crimes against women face is the
non-registration of FIR or registration of case under less serious
sections of offence. To
tackle this issue by rigorous sensitization and training of police
officers at the Police Station levels, awareness campaigns about the
mandatory provision of registration of complaint, effective supervision by
the Superintendent of Police and monitoring of registration of cases by
the police officers at the higher levels.
Specific attention and awareness is required to be created
specially in cases of atrocities against rural and Dalit /Adivasi women.
As far as in the U.T. of
All
Women Police Station It transpired that there should be an appropriate mechanism at all
levels to give focused attention to the special requirement of dealing
with crimes against women. The
atmosphere in police stations has to be such that no insult or injury is
caused to women victims, when they visit police stations.
There should be proper facilities for them in the Police Stations.
As for women accused of committing crimes, Supreme Court
guidelines regarding their treatment in the Police lock ups should
be followed strictly. In the
U.T. of
Setting
up of Mahila Desks at Police Station The NCW has been urging the State Government to set up Mahila Desks in all Police Stations. The purpose of the Mahila Desks is exclusively to deal with the complaints preferred by women. In the U.T. of Puducherry Mahila Desks have been established in all the Police Stations since 17.09.2004. Sensitization
of Police Officials The course curriculum on Gender Sensitization of Police Personnel was prepared by the National Police commission for women. The National Commission for women has organized training for trainers programme in the Police Training Institutes by using this course curriculum. The officials who are trainers are now required to further train the police personnel from the lowest rank in their states/districts on gender sensitization so that they become gender sensitized in dealing with women who come to the police station for registering their cases. Dowry
Prohibition Officers and Dowry Prohibition Act The NCW emphasized to appoint dowry Prohibition officers (DPOs) in all the State. Further, the DPOs should be aware of their responsibilities and duties under the Dowry Prohibition Act. It was also noted that there is total absence of or inadequate coordination between Dowry Prohibition officers and police officers. So we can emphasis the govt to appoint Dowry Prohibition Officers, wherever not done, and establish a mechanism for effective coordination between the Dowry Prohibition Officers and the concerned police officers. Together, they can understand better the nuances of preventive criminal jurisprudence that is contained in the Dowry Prohibition Act as well as Section 498-A IPC. The DPOs can be very helpful in assisting police in collecting material and evidence with regard to such offences. Special
Measures to eliminate trafficking in women and children The Immoral Traffic (Preventation) Act is not being enforced in its true spirit. There has been general allegation that while victims of trafficking are booked by the police under section 8 of the Act, the traffickers, by and large, go scot-free., therefore, suggested that police personnel need to be appropriately sensitized on this aspect. The law enforcement machinery should be able to apprehend the traffickers and bring them to justice. Wider
recruitment of women police officers The national police commission emphasized that atleast 10% of the
police force should be women, hence there is a need for wider recruitment
of women police officers in the police forces. In the U.T of Counseling
victims of rape and institutional support to victims of violence In some states / UT, crises intervention centres have been opened which have been found useful in mitigating the distress which the rape victims have to go through. Such centers are reportedly being run in coordination with NGOs. So it is suggested that we should make efforts in setting up crises intervention centers in coordination with NGOS which should provide immediate succor to the victim of sexual assault, as the foremost need for them is proper counseling, which alone can mitigate the trauma that the victim has to go through.
Coordination
with NGOs Some NGOs have been doing remarkable work in the field of prevention of crimes against women and are providing help / counselling to the victims of violence against them. Some State Governments have also associated them in their efforts to prevent crimes against women and to mitigate their suffering. So we all should associate NGOs, as far as possible, in their common mission of fighting crimes against women. Identification
of crime prone areas Identification of crime prone areas should be identified as one of the significant measures that can help in focusing the attention for legal action as well as on the safety and security of female students and working women. Women police officers equipped with adequate infrastructure may be deployed in such areas. Rural, Dalit and Adivasi women need to be taken particular note of. Prompt
investigation of cases The investigation in serious offences such as rape, molestation etc. it was suggested that cases should be thoroughly investigated and charge sheets filed against the accused within three months from the date of occurrence without compromising on the quality of investigation. The medical examination of the rape victims should be conducted within six hours. Police should maintain a panel of doctors available in the community and ensure that only a lady doctor conducts the medico-legal examination of a victim. A police officer be deputed exclusively to look after all crimes against women which are pending trial. He should monitor their daily progress and take all steps to expedite trial Help
lines Help lines numbers of the crime against women cells should be exhibited prominently in hospitals / schools/ college premises and other public places. Prenatal Diagnostic
Techniques (Regulation and Prevention of Misuse) Act (PNDT) Act, 1994 The act
needs to be implemented properly, as there have been reported misuse of
the diagnostic facilities for sex determination and abortion of female
foetus. Investigation by the
National Commission for Women In certain cases of serious offence against women, the NCW conducts is own inquiry / investigation. The commission sends report of inquiry with its findings and recommendations to the concerned State Government as well as to the MHA. The State Governments are required to send their report on action taken and proposed to be taken to the MHA as well as the NCW within one month on receipt of the investigation report from NCW.
Inadequacy
of Laws/Proposals to enact laws / amendments / make provisions in existing
laws, to promote the cause of women In the Indian penal code, the offences relating to marriage
sections 493 to 498 IPC are non cognizable in nature.
If Complaints are being received from unwed mothers who are
deceived by their lovers and offences related to marriage will generally
attracts the section of law 493 IPC to 498 IPC.
Since, the offences are non cognizable in nature, it is a handicap
to the police to take prompt action to redress the grievances of women.
Hence, it is suggested that recommendation may be made to
incorporate some provision of law, as that of 498 ”A” IPC. Moreover, it is pertinent to mention here that though the aforesaid section of offences relating to marriage are non cognizable in nature, in the state of Andra Pradesh, these sections of offence were amended as cognizable, so as to enable the police to take cognizance of these offences. Hence, it is suggested that necessary amendments may be made in the offences relating to marriage as that of state of Andra Pradesh. (9)
In the U.T. of (10) In
Tamil Nadu, there is an Act namely Tamil Nadu Prohibition of Harassment of
Women Act 1998. In which the
sections 3 & 4 says prohibition of harassment of women and penalty for
harassment of women. The
punishment for these offences are imprisonment for three years i/d fine of
rupees ten thousand. Similarly
the other sections of offence against women, wherein the punishment are
stringent. The other State /
UT Government may enact a similar act for effective action. (11) Registration of Marriage should be made compulsory. During Registration of birth of the child, the grand father (father’s father) name should be compulsorily registered in order to avoid bigamy / extra marital relationship.
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