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CHAPTER-6
(I) INTRODUCTION
625
Economic and Political Weekly, April 26, 2003.
270
deaths, molestation, sexual harassment and cruelty by husband or
relatives.626
Table-1.1
Preeti Mishra, Domestic Violence Against Women, Deep & Deep Publications, Delhi, 2007,
p. 463.
271
No. U/S 498-A, 498-A, I.P.C. in compare to all
I.P.C. in India Haryana India
1 2003 50703 1618 3.19%
2 2004 58121 2026 3.48%
3 2005 58319 2075 3.55%
4 2006 63128 2254 3.57%
Source : NCRB
Trends Analysis :
The crime u/s 498-A, I.P.C. reported in all India as well as in the
state of Haryana during 2003-2006 along with percentage is prescribed
in table 1.1. It is observed that the crime u/s 498-A, I.P.C. i.e. Cruelty
Against women by the husband and relatives of the husband reported an
increase of in state of Haryana from 3.19 - 3.48-3.55-3.57
respectively from the year 2003-2006 as compared in respect of
percentage to all India registered cases u/s 498-A, I.P.C. from year
2003-2006. The available data indicates an increasing trends during the
last Four years i.e. 2003-2006 in state of Haryana.
Table 1.2
Trends Analysis
Figure 1.3
(i) Crime Against Women in the State of Haryana during year
2003
□ Cruelty by husband
and relatives
□ Sexual Harassment
□ Rape
ID Dowry Death
m Kidnapping
H Molestation
BS Immoral Traffic
■ Dowry
Rape 8.46
Kidnapping 6.5
Molestation 8.25
Dowry 0.07
274
Figure 1.4
□ Cruelty by husband
and relatives
5.88 011€5 □ Sexual Harassment
□ Rape
m Dowry Death
m Kidnapping
H Molestation
H Immoral Traffic
■ Dowry
Figure 1.5
□ Rape
m Dow ry Death
49.86
E Kidnapping
U Molestation
B Immoral Traffic
■ Dowry
Figure 1.6
□ Cruelty by husban
and relatives
□ Sexual Harassmer
□ Rape
□ Dowry Death
48.82
m Kidnapping
11 Molestation
H Immoral Traffic
■ Dowry
Table 1.7
Trends Analysis
Table 1.8
4 Fatehabad 83 - 3.68%
5 Gurgaon 89 - 3.94%
7 Jhajjar 58 - 2.57%
8 Jind 53 - 2.35%
12 Mohindergarh 41 - 1.8%
14 Palaral 47 2.0%
280
15 Panchkula 63 - 2.79 %
17 Rewari 51 2.26%
18 Rohtak 80 - 3.54 %
Kaithal (6.61%)
Table 1.9
(A) Percentage and conviction rate of crime u/s 498-A, I.P.C. as
compared to total Crime Against Women in each State and UT
during year 2006.
S. Name of Total Crime Percentage Percentage Conviction
No. State Crime u/s of Crime of other rate of
Against 498- u/s 498-A, Crimes crime u/s
Women A, I.P.C. Against 498-A,
I.P.C. Women I.P.C.
1 Andhara 21484 9164 42.65 57.35 17.8
Pardesh
Union Territory
Trend Analysis
Table 1.10
Union Territory
Trend Analysis
(Incidence 63128, Rate 5.6%) in the country have increased during the
year 2006, by 8.2% over the previous year 2005 (58319 incidence).
627
Act No. 20 of 1990 of Govt, of India.
287
f. Look into complaints and take suo moto notice of the matters
relating to:-
(d)The State Commission, the NGOs and other experts are involved
in these efforts.
291
The complaints received shows the trend of crimes against
women and suggests systemic changes needed for reduction in crimes.
628
NCW Annual Report 2005-06, p. 25.
292
husband. After counselling, both of them agreed to live together in the
presence of the police and the case was settled and closed.
Recommendations
Observations
Recommendation
As per ELR., No. 0161 dated 19.10.2005, one suitcase with gold
and silver ornaments amounting to Rs. 3,00,000/- was missing while
Poornima Rashmi was found dead. It was alleged by Poornima's in-laws
that it was a case of suicide. During investigation by the NCW, it was
found that Poornima was murdered by her in-laws for dowry.
Recommendations
❖ The NCW felt that it was a case of murder and hence, the case
needed to be thoroughly enquired into.
It was found during inquiry that the post mortem report of the
deceased revealed that she died due to asphyxia as a result of manual
629
Ibid.
630
NCW Annual Report 2005-06, p. 21.
294
throttling. It was discovered that the father-in-law and the brother-in-
law of the victim were arrested but later on they were released without
adequate cause.
Recommendations
Result / Outcome
631
Source: NCW Annual Report 2005-2006, p. 149.
632
Case No.8 / C0500101 / VT / ST / NCW / 2006
296
Commission was informed by the complainant that the conditions
reached at the counselling session were being, duly followed by her
husband.
Result/Outcome
Results/Outcome
A reply has been received from S.P Firozabad that an F.I.R. U/S
498A / 323 / 506 and of Dowry Prohibition Act had been lodged
against the accused and the matter was going to the court.634
The Commission had sent two letters to D.C.P East District, New
Delhi dated 7.8.06 and 26.9.06.
Result / Outcome
A reply has been received from D.C.P East District that an F.I.R.
U/S 498A/406/506/34 I.P.C. has been registered against the accused
and the investigation is in progress.635
A reply has been received from S.P. Ghaziabad that the matter
has been settled and presently the complainant is staying with her
husband.636
635
Case No. 8 16991 / SS / NK / NCW / 2006
636
Case No. 8 / 5449 /SS/ NK / NCW/ 2006
299
Action taken by the Commission
Result / Outcome
Result/Outcome
(A) Introduction
Apart from special laws to meet the situation of steep rise in the
incidence of crimes and atrocities against women, special police cells
have also been set up to help women. The first such cell was -set up in
1983 at the police headquarters at Delhi. It was known as the Anti-
Dowry Cell. The working of the cell for two years revealed that every
problem in the family was attributed to dowry demand by the husband
637
Case No. 8 / 6494 / SS / NK / NCW / 2006
638
Case No. 8 / 6813 / 06 /NCW / NE / YA
300
and his people. Every case of suicide or death of a wife was considered
to be a dowry death. Thus, dowry was used as a scape-goat. A woman
who felt harassed due to any other reason not even related to dowry,
e.g., husband's habit of drinking or an extra-marital affair etc. would
take the plea of dowry and make a complaint to the women's cell. The
enforcement authorities were not oblivious of this fact.
In 1985 the name of the cell was changed from Dowry Cell to
"Crimes Against Women Cell." Thus now not only cases of dowry but
all sorts of harassments or atrocities on women are looked into by this
cell. In fact, however most of the problems are still attributed to
dowry. Cases are not immediately registered. Summons are sent to the
other parties and inquiries made. There are a couple of sittings in
which attempts are made to sort out the problems. If it is a case of
stridhana which the wife wants back and the husband refuses to return,
the cell tried to help the wife. Quite often the case is referred to court
where it takes its own time.
"In Delhi Police the Crime Against Women Cell deals with cases
of matrimonial disputes relating to offences of 498A/40<5 I.P.C.. When
a complaint is received, CAW Cell initiates inquiry into it which is fact
finding in nature and the inherent purpose is to save the institution of
marriage. During the course of enquiry efforts are made to bring about
reconciliation between the parties and a proper follow-up is done to
track the progress. If reconciliation is not possible then upon the merits
of the complaint and volition of the complainant a settlement is
effected with mutual consent and restoration of Stridhan. Thereafter
both the parties can go for divorce with mutual consent in the court.
"If the above two efforts fail, then on the merits of the
complaint, if it warrants, a criminal action is taken and a case is
registered under the proper section of law. During the course of
enquiry help of NGOs is also taken for rapprochement and compromise.
The NGO by the name Swanchetan is working in collaboration with
CAW Cell, Nanakpura and it regularly takes counseling sessions with
women victims and also the respondent. Their assessment report helps
the enquiry officer to reach at a judicious decision."
639 Baldev Singh v. State and ors., 2006(4) RCR (Criminal) 855, Delhi High Court.
303
“CAW can conduct proceedings only where both the parties are
ready and willing to join the proceedings voluntarily,” observed the
Court in a matrimonial dispute case.
While pronouncing the order the High Court held that the CAW
cell is an agency created to make efforts for reconciliation between
families before criminal proceedings are initiated on the complaint of
any party. “No coercive action can be taken by the CAW cell
compelling an unwilling person to put in appearance before it,” said
the High Court order.
According to the petition the wife of the petitioner had filed the
complaint against him in CAW cell Amar Colony, New Delhi in
January 2007 due to some domestic dispute.
640
Pioneer, Thursday, 9th August, 2007, Delhi Edition.
304
Citing the CrPC, the advocate pointed out that it had forbidden a
cop from launching an inquiry or any investigation prior to registration
of an F.I.R. yet CAW officials routinely go ahead with a probe on a
complaint in the absence of an F.I.R.. "The present day set up of CAW
cell is questionable, inquiry officials act as cops while the mandate is
to create a congenial atmosphere between the disputing parties."
In a crucial ruling High Court held that CAW cell was only an
"agency created to make efforts for reconciliation between families....
not a judicial or quasi-judicial authority to summon only one party on a
complaint." High Court was categorical that unless both parties agreed
to thrash out a compromise, CAW's summons were meaningless.641
641
Time of India, Friday, 17th August, 2007, Delhi Edition.
306
(I)
DISPOSAL OF COMPLAINTS BY CAW CELLS FROM 1.1.2001 TO 31.12.2001
N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL
Complaints received 1569 257 1178 417 54 706 1274 727 291 742 7215
FIELD 738 112 482 137 23 421 448 405 145 218 3129
RESTORED
99
CASE 398 30 94 70 12 72 47 34 178 1001
RECOMMENDED
DISTT.
N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL
Complaints received 1740 261 1591 395 59 828 1543 889 312 731 8349
FIELD 807 94 482 154 25 273 564 522 134 183 3238
RESTORED
RECOMMENDED
DISTT.
N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL
Complaints received 1871 282 1253 461 53 909 1479 743 287 828 8166
RESTORED
RECOMMENDED
DISTT.
N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL
Complaints received 1794 341 1301 460 66 988 1486 919 361 817 8533
FIELD 933 152 132 190 27 357 595 451 171 323 3331
COMPROMISED 387 107 639 156 21 279 458 231 49 212 2539
RESTORED
RECOMMENDED
999
SENT TO OTHER 92 52 38 108 165 118 49 32
DISTT.
N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL
Complaints received 1823 291 1307 464 63 1072 1490 937 438 744 8629
FIELD 922 97 543 200 33 424 635 380 187 269 3690
RESTORED
RECOMMENDED
DISTT.
N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL
Complaints received 1890 406 1778 560 76 1093 1683 897 452 1044 9879
909
FIELD 913 83 493 201 37 675 329 204 421 3962
COMPROMISED 244 166 594 229 17 179 652 296 105 295 2777
RESTORED
RECOMMENDED
611
SENT TO OTHER 71 14 201 53 10 69 24 44 18 623
DISTT.
N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST OUTER TOTAL
091
COMPLAINTS 1794 382 1291 545 65 1121 1752 844 395 457 9806
RECEIVED
FILED 983 92 251 193 11 509 561 234 168 345 25 3372
COMPROMISED 148 103 310 166 29 181 531 207 43 342 95 2155
ISTRIDHAN 51 25 113 31 3 32 151 104 15 119 18 662
RESTORED
CASE 387 51 172 44 8 54 222 114 46 169 24 1291
RECOMMENDED
SENT TO OTHER 61 14 281 59 7 100 127 10 39 70 16 784
DISTT.
TOTAL 1630 285 1127 493 58 876 1592 669 311 1045 178 8264
DISPOSED OFF
PENDING 164 97 164 52 7 245 160 175 84 115 279 1542
ENQUIRY
Source: Crime Against Women (Ceil), Nanakpura, Delhi.
313
Figure 1.11
12000 -
10000 -
Crime Against Women
00
o
O
O
oo
CO
o
oo
^o
ro
oo
o
314
If we do statistical analysis then we come to the conclusion that
from year 2001-2007 almost all 40% or above cases are filed, in which
police as either reconciled the parties or either parties has withdrawn
the complaint or parties has not come to the CAW cell after formally
lodging a complaints in the cells. It may have the effect of counciliing
or there may be the false complaint by the parties. Further, if we
analyse the data from 2001 to 2007 as mentioned in Figure 1.11. It is
observed that the percentage of case recommended for police action is
near about 14% of the total complaints received by the CAW (Cell) in
each year in the Delhi. This shows that effectiveness of the counciliing
by the CAW (Cell) in Delhi.
“Fight for gender equality is not a fight against men. It
is a fight against traditions that have chained them- a
fight against attitudes that are ingrained in the society-
it is a fight against system- a fight against proverbial
Laxshman Rekha which is different for men and
different for women. The society must rise to the
occasion. It must recognize and accept the fact that
men and women are equal partners in life. They are
individuals who have their own identity.”