Don’t misuse Dowry Act, HC tells cops

Times of India - E Paper - Chennai Edition - 08th July 2008, Page # 7

Don't misuse Dowry Act, HC tells cops

Inhuman Attitude Of Policewomen Closing Doors On Reconciliation: Judge

A Subramani | TNN

Chennai: "Marriages are made in heaven, but many marital ties are broken in All Women Police Stations (AWPS)... The Dowry Prohibition Act is the most misused enactment...These police stations in the state have almost become power centres where the women police officers, while dealing with delicate issues of family disputes between husband and wife, instead of making efforts for reunion or conciliation, focus to complicate and precipitate the issue so that ultimately they could derive the gain and benefit."

    This is what a single judge of the Madras High Court had to comment on the functioning of All Woman Police Stations, manned entirely by women.

    Justice R Regupathi, making 11 suggestions (see box) for streamlining work culture in these stations, also observed that because of their "inhuman attitude" doors of conciliation are shut forever.

    Justice Regupathi also stated that in order to retain jurisdiction over the case, these women personnel would include allegations attracting the provisions of the Indian Penal Code (IPC) "with ulterior motive." He said aged parents, unmarried sisters and even children were ruthlessly harassed by the AWPS personnel who arrested these people with ulterior motive. "Arrests are invariably plotted at the weekends, particularly on Fridays, so that they cannot even apply for bail for the next two days," he said.

    The judge was making these observations on a criminal original petition filed by a person who was brutally assaulted by women police personnel at Chintadripet police station here.Justice Regupathi also cautioned that unnecessary arrests, where all the family members are dragged to police stations and subjected to "ignominy and disgrace," would defeat the very purpose of the Dowry Prohibition Act, "rendering re-union a mirage." He said police were expected to handle family disputes with "utmost tenderness, care and caution."

    In his 11-point charter of suggestions, the judge said station house officers of AWPS should register first information reports (FIRs) only after approval from duly appointed dowry prohibition officers, except in cases of dowry death/suicide. In matrimonial disputes, arrest of the aged, infirm, sick or minors should be avoided.

    If any arrest was considered necessary for investigation, written sanction must be obtained from the Superintendent of Police. The judge said chargesheet must be filed within 30 days from the date of registration of FIR and further extension of time could be obtained from the competent magistrate by indicating the reasons.

    No weapon, including lathis orphysical force, should be used while dealing with such cases, Justice Regupathi said, adding that sridhana properties/movables or immovable assets must be restored at the earliest to the victim/complainant. "A different uniform, other than the regular one, may be recommended for these police officers," the judge suggested. If necessary, victims/complainants should be provided with adequate security/accommodation at government home and the interests of the children too should be taken care of, he said.

    Police department should arrange education programmes for these police officers through the Police Training College to teach the objects of the legislation, judicial pronouncements and development of the law, Justice Regupathi stipulated. He then directed the Director-General of Police to issue suitable orders to the officers of the All Women Police Stations in view of the latest order, and file a compliance report before the court within a month. He then adjourned the matter to August 4, for further proceedings.


11 COMMANDMENTS FOR THE POLICE
------------------------------------------

Register FIR after approval from dowry prohibition officers

Make arrests only after sanction from SP

Avoid arrest of aged, sick and minors

Social workers must be present in AWPS

No weapon or physical force in AWPS

A different uniform for AWPS personnel

File chargesheet in 30 days Send victims to govt home, if necessary

Restore sridhana property to the victim

Education programme for AWPS personnel

Make arrests even after chargesheet in case of noncooperation



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regards, vinayak

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