Thursday, June 25, 2009

Can Indian Women Trust The Police?

The streets of Inderpuri were swamped with mobs of people vandalizing and damaging police vehicles after a woman claimed to be gang raped by police officers.

Although the Crime Branch is yet to conduct an inquiry into the matter, this is not the first time that law enforcers have been accused of exploiting their positions.

In 2005, a 16-year old girl was raped by a police officer in south Mumbai. According to an article Constable Sunil Atmaram More, the accused in the Marine Drive rape case, has admitted in his statement to the police that he raped the teenager after threatening to inform her parents about seeing her in a compromising position with her friend.

http://in.rediff.com/news/2005/may/04more.htm

More was in a drunken state when he raped the girl in a police chowki. He was later dismissed.

On November 28th 2006 a slum dweller woman (name withheld) from Shiv Colony in Karnal was falsely arrested and raped in police custody by constable Ram Kumar and detained for 14 days.

The Chandigarh Police recommended a regular departmental inquiry, and placed the head constable under suspension. The police denied her allegations without any investigation.

http://www.ffdaindia.in/MonthlyReviews/rapes-by-police-and-security-forces-rise/

A high court from central India had issued a notice to the Government of India and 13 other state authorities regarding the gang rape of a tribal woman, while she was trying to register a complaint about her husband's murder.

When registering the FIR at the police station she was gang raped by policemen in front of her parents. She was then forcefully detained in isolated police custody for 14 days being raped by officers regularly.

http://www.ffdaindia.in/MonthlyReviews/rapes-by-police-and-security-forces-rise/

According to the National Crimes Record Bureau (NCRB) courts tried 132 policemen for custodial rape in 2002 but only 4 were convicted.

Does this mean that women are safer not reporting any crimes committed against them?

These examples and statistics show that there are occasions when women who have sought the help of the law have only been met with more disappointment and worse, faced more trauma at the hands of police officers.

According to The Indian Penal Code and Criminal Procedure Code, reports have recognised the ongoing police abuse against women and made amendments to ensure a variety of legal protections to prevent custodial rape.

The amendments state that women cannot be forced to go to any police station for questioning against her will and she must instead be visited at home. The police must request permission to enter if a woman is present where an arrest is being attempted unless she is the person sought for arrest.

The bill also prohibits the arrest of women after sunset and before sunrise except in "exceptional circumstances."

When a woman is arrested, a female officer must do the search with “strict regard to decency and modesty”. However, the females make up only 5.4% of the Indian police force, so the realities of implementing the amendment are assumed not to be so straight foreword.

But how many women know these laws exist? And are these laws implemented?

http://www.legalserviceindia.com/articles/afse.htm

More women should be aware of their legal rights as the law has made provisions to ensure their safety, even from the lawmakers themselves.

The question remains, has the law done enough?

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