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ARTICLE ON CAW updated.pdf

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ARTICLE ON CAW updated.pdf

  1. 1. CAPACITY BUILDING INITIATIVES FOR EFFECTIVE POLICE ACTION ON CRIME AGAINST WOMEN IN STATE OF MADHYA PRADESH [Avinash Sharma, IPS, Inspector General (Retd.)] Since the beginning of history, women have been considered to be the weaker section of society. It has even been depicted in our sacred texts, be it the Vastra Haran of Draupadi in Mahabharat be it abduction of Sita in Ramayana. Other Evil practices against women earlier includes Sati Pratha, Devdasi, Polygamy, Jauhar, Child Marriage, deprivation from getting education. Crime which are specifically “directed against women” and in which the women are victims are termed as crime against women. Various types of crime against women includes Gender based violence, kidnapping, abduction, Domestic violence [economic, psychological violence, Emotional violence, Physical violence, Sexual violence], Femicide, Child Marriage, Sexual Harassment, Rape, Online or digital violence [cyberbullying, doxing etc.], Human Trafficking, Female genital mutilation, Acid attacks, Stalking, Voyeurism etc. It has serious short and long-term physical, economic and psychological consequences on women and girls, preventing their full and equal participation in society. The Constitution of India under Article 14, Article 15 (1) and (3), Article 16, Article 39(a)-(d), Article 42, Article 51A etc. not only grants equality to women but also empowers the State to adopt measures of positive discrimination in favor of women for neutralizing the cumulative socio-economic, education and political disadvantages faced by them. India has also ratified various International Conventions and human rights instruments committing to secure equal rights of women such as UN World Conference on Human Rights, 1993[Vienna Declaration and Programme of Action] , Universal Declaration of Human Rights, 1948, Convention against Torture and other cruel, Inhuman or Degrading treatment or Punishment, 1984 but key among them is the ratification of the Convention on Elimination of All Forms of Discrimination against Women (CEDAW) in 1993. ‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India. State Governments are thus responsible for safety and security of the citizens including women and girls. Therefore, role of Police is pivotal in safety and security of citizens in general and women in particular and current laws such as the Dowry Prohibition Act, 1961 (28 of 1961) (Amended in 1986), The Indecent Representation of Women (Prohibition) Act, 1986, The Commission of Sati (Prevention) Act, 1987 (3 of 1988), Protection of Women from Domestic Violence Act, 2005, The Sexual Harassment of Women at Workplace (PREVENTION, PROHIBITION and REDRESSAL) Act, 2013, Child Marriage Restraint Act 2006, Criminal laws under Indian Penal Code, Criminal Procedure Code and Evidence Act etc. are certain legislative measures for reducing the crime against women. Almost all crimes against women in India are cognizable, therefore, police become the vital enforcement agency before approaching courts. To increase the visibility of women in the police force, Home Ministry has carried forward the initiative to give 33% reservation to women in police force but still implementing it in UTs and propagating in the States Crimes against women and minor girls have been steadily rising over the years in the state and last few two years are no exception. In 2022, Rewa and Chattarpur Gang rape cases were reported and despite corona-induced lockdown for two years, Madhya Pradesh witnessed 16 percent rise in rape case in 2021, in comparison to year 2020, as per the government record. In order to reduce violence against women and increase focused community outreach, Government of India envisages engagement/ nomination of Mahila Police Volunteers (MPVs) in all States and UTs who will act as a link between police and community and facilitate women in distress. The MP police has been working tirelessly in tandem with other government departments to ensure not only safety and security of women and girls, but also to ensure the rights of individuals are protected, given the backdrop of higher incidences of crime against women. Examples of such governance can be seen
  2. 2. through campaigns like: Samman, URJA, Mahila Thanas, Mahila desk, online helpline numbers, Dial 100, Gulmohar, Jiva Conferences etc. are certain initiatives to create a safer and secure atmosphere which ensures dignity to all women. All these experiences have also inspired the MP police to go more specialized in its research and innovation endeavors related to Gender Based Practices. These actions and initiatives have been seen as a progressive step towards bringing crimes against women and children and contributes to combating many overlapping issues like gender discrimination, girl child education, safety of women in public spaces and offices, etc. But there are certain challenges faced by the MP Police due to which effective implementation of the above initiatives and Schemes cannot be done such as underreporting of crime, public trust issues with police due to custodial rapes and police torture, lack of rural access and technology, traditional knowledge, victim blaming attitude of police and less community policing approach. Further, the most important challenge faced by all the States of India is lack of recruitment of women police constables and women police officers. Female police personnel are fighting for getting field posting. In MP, only a few are superintendents of police and rarely woman IPS officer is posted as Inspector General of Police in Zones. It is seen that women belonging to families with a history of police jobs are in most numbers. India Justice Report, compiled by groups working towards reform of the justice sector, says it will take 33 years for India’s police force to achieve 33% women representation as only 10.5% of cops in India are women and only 5.27% in M.P. Certain good practices are in place in the state but not in very effective manner such as • Family Counselling center, • Physical spaces within stations to assist women, • Use of social media for spreading awareness for crime against women, • Postings of women staff in adequate number in all field units, • Women cell necessarily be headed by female police officer, • Street Police Patrolling, • Facilitating e-filing of FIRs for CAW with essential confidentiality. Currently, there is a facility for filing e-FIR only for some property offences, • Police assistance in proper rehabilitation of victims by establishing proper link with Protection Officer or Service Provider appointed under DV, Act 2005. • Carrying out awareness programmes at Maholla, village level, schools, colleges, coaching centers etc. regarding various provisions such as – ► Victim Compensation Scheme {S.357A Crpc}, ► Information regarding rights provided to every female victim such as free legal aid {S. 304 Crpc}, ► Penal provision on violation of privacy and confidentiality {S. 228A IPC}, ► Right to not being called to the police station {S.160 Crpc} etc. for building trust and community policing approach, ► Effective implementation of case laws such as Lalita Kumari v. State of UP(2014) and register zero FIR as MHA frequently reminds and mandatory action by police in cases of crime against women as held in case of Laxmi Devi v. State (2022). ► Importance of education and financial independence in women, ► Side of effectives of Alcohol, drugs etc., ► Providing information regarding the facilities available and procedure for reporting to Police, ► Parents to keep a track of online activities being carried out by their children with special attention to obscene materials, ► Demonstration of Self defense technique,
  3. 3. ► Ensure free and fair trial by convincing public to speak truth during court proceedings to avoid hostility. • Gender Sensitive training of police, • Tie-up with the other stakeholders such as ANMs, ASHA workers, women home guards, NSS, NCC etc., • Identification of hot spots related to CAW, • Making Apps such as OSC, 181 helpline, Himmat etc., • Police districts website be updated about the recent crime happening around and measures for protection, • Speedy investigation and trial, • Protecting witnesses for not being hostile and thus increasing conviction rate. The MP Police is singular and unique in many ways therefore, we can also take efficient policing examples from other states such as Gujarat Police Suraksha Setu App, Meri Saheli app by RPF, Pink booths in Delhi and over 500 vans stationed near school and colleges, Durga Shakti App GPS tracking app by Haryana Police, Women Safety Wing by Telangana State Police etc. Thus, the role of police in the criminal judicial system is vital for curbing crime against women where appreciation from public is necessary and community policing approach is the only way possible.

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