FAMILY LAW

Crime Against Women Cell

Introduction

The Crime Against Women Cell (“CAWC”) was set up first time at the central level in Delhi Police in 1983. It was first police response specifically meant for women in India. The need for a gender-specific police response had been felt for some time earlier due to the following reasons:

(i) The status of women was low and there was little inclination among them to take their problems to police stations staffed largely by male police officers.

(ii) There were specific problems that women faced due to their low social status, which could not receive adequate attention from a largely overworked and understaffed police force.

(iii) It was being recognized that a more sympathetic response was needed in this area than it was receiving.

(iv)     The sensitiveness of the average police officer when dealing with a harassed and frightened woman left much to be desired.

Legal Development leading to formation of CAWC

The experiences of the Anti Dowry Cell, set up in 1982 were to have a direct contribution in steering several legal changes between 1983 and 1986, even thereafter. Most important of these was a incorporation of a new provision, section 498A to the Indian Penal Code. Aiming at domestic violence and harassment for dowry, this provision defines cruelty, physical or mental, within a marriage. Investigation by police with powers of arrest is incorporated and responsibility can extend to the husband, his parents or other relatives. The offence is punishable with up to two years imprisonment.

 Sometime later a section on Dowry Death was added. Section 304B IPC made the unnatural death of any woman within seven years of her marriage a subject of investigation by the police and prosecutable if it was found that the death was attributable to harassment for dowry by her husband or his family. Such a death was also made enquirable by an executive magistrate by introducing changes in the Indian Criminal Procedure Code. It was thereby ensured that no such death would be filed as an accident or suicide without a detailed enquiry.

Need for CAWC

The Anti Dowry Cell was re-christened as the CAWC to reflect the enhanced field of its activities. In 1986, separate cells on similar lines were set up in each of the nine districts of Delhi. Most importantly, the CAWC was provided with enhanced manpower, infrastructure and responsibilities. The counseling of the families became an essential part of the functioning of these cells. Although this was informal at first, and resented by many as not a police role, it is now a sanctioned activity with staff being trained for the purpose and receiving support from social workers and recognized nongovernmental agencies. Other cities and states in India have set up similar units within their police forces with some southern states experimenting with all-woman police stations to provide a more enabling environment for women complainants.

Overview of Activities

1. Counseling as a Police Role

The formation of CAWC changed counseling as the first response in domestic matters. Many families in India still continue to live as joint families and counseling often involves other members of the family besides the immediate protagonists. The aim of counseling continues to be to remove irritants in the marriage, to prevent abuse or to ensure that there is no further abuse, and to secure the position of the woman in the marriage.

There has been criticism of this approach from several quarters. Some women’s groups in particular  were opposed to the police taking on the role of counsellors on the following grounds:

(i) Lack of training of police personnel’s and they have no experience of counselling.

(ii) That there is a traditional patriarchal mind set displayed in trying to keep the marriage intact even when the woman is patently unhappy in it.

(iii) That there is no guarantee that the woman will not be harassed even after the CAWC has closed the case. In fact intervention by police may be ham-handed and result in increased abuse.

Over the years the police have responded to this criticism by ensuring better training, posting more women officers into the cells, and involving social workers and NGO’s to assist in counseling and follow-up. In any case, the police resort to counseling in several routine and, therefore, cannot be said to be new to the experience. The same argument applies to criticism from within police circles that the cells may be overstepping the role of the police.

The early fear that it would be difficult to stabilize a marriage once a complainant has brought her husband and his family before the police has also been seen to be largely unfounded. Credit for this must go to the officers of the cell for handling matters before them with sensitiveness and restraint. A secondary object of counseling is to ensure that, if a marriage has to be terminated, it does not end to the detriment of the woman’s rights. Usually, being in a weaker economic position than her husband the woman is likely to end up deprived or inadequately compensated in a civil divorce action.

2. Resolution of the issue of Istridhan

The Supreme Court of India, in a celebrated judgment, has defined the gifts a woman receives at her marriage from her own and her in-laws family and from other relatives and friends as her ‘Istridhan’. In other words these are her personal assets over which only she has absolute rights. If the marriage is to be terminated, the officer of the CAWC try to ensure that she is either given her complete istridhan, or is adequately compensated for the same. As failure to do so would invite criminal action under section 406 IPC for criminal misappropriation, most husbands would prefer to return all such gifts.

In Indian society, these gifts would generally comprise amounts of gold and precious jewellery of considerable value and in previous times the husband’s family routinely kept the entire lot. Other concomitants of divorce such as maintenance and custody can also be worked out between the couple keeping the needs of the woman in mind so that a petition can then be filed in the court for granting divorce by mutual consent, which is quick and largely painless. If the couple is unable to conclude the matter in the ways mentioned above over a period of three months or so, the position is assessed as per the law and a criminal case registered under the relevant sections for harassment, violence, misappropriation, etc. with a charge sheet being filed after investigation.

3. Status of CAWC

The CAWC are not notified as police stations and the cases are registered by the police stations of jurisdiction. Usually these police stations carry out further investigations, although small investigative units attached to the cells themselves may investigate some important cases. Needless to state, in matters where prima facie criminal cases are made out or overt violence is evident, the above process is short-circuited and a criminal case registered at the outset. The wishes of the victim may not be respected in such cases, although it is usual to first make intensive efforts to secure her consent for prosecution. Although no systematic evaluation is available, the process of dealing with domestic discord outlined above has stood the test of time and overcome most of the criticism directed against it.

In the conditions prevailing in India, it can be said to be the most suitable way of dealing with domestic discord. It ensures, for instance, that husbands and family members will appear when they are summoned by the police cells, which they may not do if called by counselling services or other social service groups. It facilitates a conclusion in the woman’s favor without resort to lengthy court procedures that, due to the time involved if nothing else, are always against the interests of the woman. Most importantly, it strikes a balance between unnecessarily criminalizing the domestic arena on the one hand, and totally screening it from intervention on the other.

4. Other Activities of the Cell

Although a large part of their time is taken up with domestic cases, the cells also act on complaints of sexual harassment, sexual abuse, molestation, rape, and other gender related crimes. The officers of the Cell take up investigation of selected cases, while the progress of other cases registered by them is monitored in the police stations where they are under investigation. The central CAWC monitors the functioning of the district cells through periodic evaluations and meetings although these cells are operationally under the control of the supervisors of the districts where they are located.

 The CAWC has also developed as a hub for providing non-police services to women complainants. Through liaison with psychological and legal counselling services they are in a position to provide counselling and free legal advice to needy complainants with the help of reputed NGOs. Organisations such as Swanchetan, a psychological victim counselling service, and Lawyer’s Collective, an NGO that advises on both civil and criminal legal matters, hold weekly sittings in the premises of the Cell. The Cell also forwards appropriate cases to Rescue shelters and Short Stay Homes run by the Government and by non-governmental agencies. As far as possible, cases of rape and sexual abuse are assigned to women investigating officers and women prosecutors. Three special courts headed by women judges have also been set up to give speedy attention to these cases, as long delays in prosecution can inflict further trauma on the victims and dissuade them from testifying in court. The experiment has met with some success in several high profile cases.

5. Jurisdiction

Women complainants have a choice of approaching either the central Cell or one nearer to their homes at the district centers.

6. Round the Clock Helpline

A significant service started by the Crimes against Women Cell is a 24 hour helpline that responds to callers in distress. The helpline number, 1091, is managed by the Police Control Room which receives and manages all calls for police help. A caller may directly access the helpline or be diverted from one of the general 100 services. A Women Police mobile team is available round the clock at the Crimes against Women Cell to attend to distress calls received through the helpline or directly in the Cell. The staff receives continued training in dealing with distress calls, and are equipped both to initiate criminal action and to provide counselling and other assistance. The team also provides links to emergency support services such as shelters and short stay homes, besides offering on the spot counselling and legal advice in needy cases. Reaching out to women is not always easy. Even when women are aware of the services available, they may be reluctant to seek help or approach the police. Some may not even have access to a phone. In such cases the Cell provides an alternative through a post box number where women can send mail asking for assistance. The letters are analysed to identify the kind of assistance that is being sought. Action may then be initiated or the letters forwarded by the Cell to other concerned agencies.

Conclusion

However, there is scope for improving and systematizing the process of consultation and providing incentives to voluntary workers who have to diligently stay the course through sometimes lengthy legal procedures. Moreover, although women victims are definitely more comfortable with women investigators, prosecutors and judges, in the long term the need is to ensure sensitization of the large number of men involved in these professions, rather than limiting the dealing of such cases to women alone.

Jyoti, who is Partner in the Delhi based law firm, prepares Legal Imperials is author of the article. She heads the Litigation, Arbitration and Corporate Advisory practice of the firm with experience in dealing with family matters.