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Without beating about the bush and going left and right, let me come straight to the point. It is a matter of utmost concern that woman who are first sexually assaulted and traumatized are made to suffer the worst brunt when they go to the police station to lodge an FIR but are cajoled to either enter into a compromise with the accused or are straightaway told to keep quiet especially when the woman is not educated or hails from a rural background. Even educated woman too have to fight it hard just to lodge an FIR as we all know that the police leaves no stone unturned in most of the cases to see that an FIR is not lodged so that they can proudly brag that crime is minimum in their respective jurisdiction!
This is just not done at all! No country can progress where women are not safe. If India is to progress and march ahead, woman has to be accorded full protection and this can be possible only if the police stations are helpful to victims of sexual assault by promptly lodging FIR instead of forwarding hundred excuses for not doing so and putting undue pressure on her to instead withdraw and enter into compromise with the accused! Such guilty police men must be punished with full force so that the right message goes down the lane and policemen render their job properly!
While issuing commendable directions to create a congenial atmosphere in police stations so that women can come forward without fear, the Delhi High Court on October 29, 2014 said there was a need to create social reformation to bring down incidents of sexual offences against women within the home. Terming the trend of rape and molestation by persons known to the victim as alarming, the bench of Justice Badar Durrez Ahmed and Justice Siddharth Mridul directed the Delhi Police and the Women and Child Development department to give wide publicity to the societal problem as it must be highlighted. What I find even more alarming is that when persons known to the victim commit rape and molestation on her, she is coerced and cajoled to keep quiet and bear everything in silence to protect family honour in society!
However, what I find most alarming is that when the victim somehow summons the requisite courage to approach police to seek their help and reaches police station, she gets the worst shock of her life. In most cases, the police just refuses to lodge an FIR and on the contrary, the victim's own character and conduct is questioned which causes her to break down completely ! This has to stop at any cost and this is what Delhi High Court has said in its landmark judgment that the police stations must be helpful to victims of sexual assault.
Going a step further, I would also like to state that those police men who refuse to lodge FIR should not be just suspended but rather dismissed from service. They must be jailed also for at least five years and extending more depending on the offence committed. They should not be given any pay or pension! If all this is actually done, who on earth can dare to not lodge FIR? But this is what our law makers never want to do!
As we see, the commendable directions come after the court took note of submissions made by the Delhi State Legal Services Authority ( DSLSA ), which stated that access to the rape crisis centres should be made easier. The court also directed the Centre to provide DSLSA with a helpline – a three or four digit toll-free number. The directions were issued on a PIL regarding safety of women in the capital. The PIL was filed by social activist Nandita Dhar through advocate Gaurav Bansal last year.
The court said scientific investigation methods such as DNA and finger printing should be used in all cases and every investigating team should be equipped with the complete wherewithal to probe a case irrespective of whether the victim is rich or poor. The court also said that, We have issued detailed directions to police and the government. They are expected to be released by Thursday. The direction came after the court noted that the quality of police investigation in such cases was unsatisfactory as it differs from investigator to investigator.
The court also took note of data on crimes against women in 44 red-flagged areas of the city, which the Delhi Police had submitted earlier. According to the data, there has been a steep rise in incidents of rape, molestation and eve-teasing in national capital since the December 16 gangrape and majority of these occur inside the victims houses. The accused in most of the cases is a close relative or an acquaintance, the data showed. This is what I feel is most concerning and has to be checked which is possible only if police stations are more helpful to victims of sexual assault as was observed by the Delhi High Court.
The court observed that police can play an important role in stopping misuse of the law as they can differentiate between false and genuine cases and are also the first to arrive at the scene of crime. The observation came after ASG Neeraj Kishen Kaul, appearing for Delhi Police, said rape complaints are also filed in matters of failed live-in relationships, property disputes or elopement. The court directed police to file an affidavit with details on several aspects of these cases.
The Delhi High Court also asked police to look at the issue of obscene calls and stalking. The bench further sought details of paedophiles. It also suggested that immigration authorities should be mindful of such matters and advised that a cyber cell be set up specifically to deal with online paedophilia.
All said and done, the unmistakable message which the Delhi High Court sent out by this landmark judgment was that police stations must be helpful to victims of sexual assault and must co-operate with them in all respects. There can be no two opinions about this.
Needless to say, if police acts promptly, properly and punctually against the culprits, the future potential culprits will think thousands times before venturing into such a misadventure as they will realize it fully well that they will not be able to get away easily ! But if police gets manipulated by money or politicians then there is bound to be gloom and doom as police will refuse to lodge FIR and do everything possible to save the accused as we see also in many cases which is the real reason why dreaded criminals keep getting acquitted on one case or the other on one or other ground which makes a complete mockery of our criminal justice system also!
This is the real rub which merits serious surgery and not a mere cosmetic band aid treatment! But our lawmakers have always chosen to look the other side which alone explains why they have failed to implement the landmark, learned and laudable guidelines of the Apex Court in Prakash Singh case even after more than 15 years they were laid down! This cannot go on unnoticed, unattended and unredressed!
Sanjeev Sirohi, Advocate,
s/o Col BPS Sirohi, A 82, Defence Enclave, Sardhana Road,
Kankerkhera, Meerut - 250001, UP
