CHAPTER-6

STUDY OF DATA PERTAINING TO THE

CRUELTY AGAINST WOMEN AND ROLE OF
THE NATIONAL COMMISSION FOR WOMEN
AND CRIME AGAINST WOMEN CELL
 268

CHAPTER-6

STUDY OF DATA PERTAINING TO THE CRUELTY

AGAINST WOMEN AND THE ROLE OF THE NATIONAL
COMMISSION FOR WOMEN AND CRIME AGAINST
WOMEN CELL

(I) INTRODUCTION

The phenomenon of intimate violence against women is typically

identified as a private matter, made invisible by society and kept under
warps because of concerns of guilt, shame and secrecy. The norms that
perpetuate silence and the stigma around domestic violence in family
and community settings permeate the formal institutional response as
well.

Available evidence indicates that this silent crime reigns rampant

within Indian home. Not only has the overall number of cases of crimes
against women (CAW) gone up in the past many years, there has been a
dramatic increase in the cases of cruelty against women by husband
and relatives. Constituting 38.3% in year 2006 showing a 8.2%
increase over the previous year.624 A series of research studies that
examined prevalence rates, analysed government and non-government
records and responses to the issue provide further evidence and a
comprehensive understanding on domestic violence in India.

Of a sample of 10,000 women across urban slum, non-slum and

rural populations in seven cites across India:

- About 50 per cent women reported experiencing at least one form

of domestic violence in their married life.

- 43.5 % reported experiencing at least one form of psychological

abuse in their married life.

- 40.3 % reported experiencing one form of physical abuse in their

married life.
624
NCRB, Crime in India, 2006.
269
These figures are disturbing as they highlight the extreme
vulnerability that women experience, not only in society, but within the
home as well, questioning the fundamental belief that the family is the
safest space for women.625

Research into domestic violence and effective responses to it

have been hampered by the lack of reliable statistical data. None of the
available figures are reliable, and they cannot be regarded as anything
other than very rough estimates. We are little nearer to having an
accurate picture than we were in 1975 when the Select Committee on
Violence in Marriage concluded: ‘Despite our efforts, we are unable to
give any estimates of what the likely numbers are, several witnesses
talked in terms of the tip of the iceberg, and this seems to us to be
correct.’ All researchers have agreed that even if a composite figure,
using a variety of sources, is produced, it is likely to seriously
underestimate the size of the problem. The main reason for this is that
domestic violence, by its very nature, takes place in the privacy of the
home and most of it is not reported to anyone at all. Even when
incidents are reported, they frequently go unrecorded or they are
recorded in such a way that they cannot be separately identified.

Police statistics are flawed by the practice, now gradually being

abandoned, of ‘non-criming’ what they have traditionally described on
‘domestic disputes’.

Although, the women’s movement raised the issue and collected

empirical data. This remained limited to specific locations. Even
studies taken by academicians and organizations are also limited to any
particular city, town or state. Lack of macro-level data for the country
as a whole has been a major drawback in providing any adequate,
detailed, statistical evidence of the rampant domestic violence. It has
taken the police establishment over two decades to provide the nation
with state and district level data under crime heads such as dowry

625
Economic and Political Weekly, April 26, 2003.
 270
deaths, molestation, sexual harassment and cruelty by husband or
relatives.626

Government too has recognized the rampant practice of domestic

violence in Indian society to some extent.

The recent availability of such data has now enabled researchers

to examine some of its implications for women. The present study
scrutinizes official data provide by the National Crime Record Bureau
(NCRB). Some startling facts emerge from the analysis of data.

The NCRB has been compiling data on different types of crime

in India and publishing it annually since 1953. However it was only
from 1995, the NCRB publication Crime in India has been providing
annual data relating to women-specific crime categories. It should be
noted that the NCRB data provides a broad picture but not a complete
one, since it relates to only some types of crime. Women are also
victims of other crimes under the Indian Penal Code (I.P.C.) but that
data is not available and therefore cannot yet be studied.

Present study examines the data available within these

limitations. Data is analyzed only for cruelty against women, which
come under the category of domestic violence as discussed under this
Chapter.

(II) ANALYSIS OF DATA PERTAINING TO THE STATE OF

HARYANA REGARDING CRUELTY AGAINST WOMEN
DURING THE YEAR 2003-06

Table-1.1

(A) Percentage of Crime u/s 498-A, I.P.C. in state of Haryana in

proportion to all India Percentage during 2003-2006
Sr. Year Cases Registered Cases Regd. u/s % in Haryana as

Preeti Mishra, Domestic Violence Against Women, Deep & Deep Publications, Delhi, 2007,
p. 463.
271
No. U/S 498-A, 498-A, I.P.C. in compare to all
I.P.C. in India Haryana India
1 2003 50703 1618 3.19%
2 2004 58121 2026 3.48%
3 2005 58319 2075 3.55%
4 2006 63128 2254 3.57%

Source : NCRB

Trends Analysis :

The crime u/s 498-A, I.P.C. reported in all India as well as in the
state of Haryana during 2003-2006 along with percentage is prescribed
in table 1.1. It is observed that the crime u/s 498-A, I.P.C. i.e. Cruelty
Against women by the husband and relatives of the husband reported an
increase of in state of Haryana from 3.19 - 3.48-3.55-3.57
respectively from the year 2003-2006 as compared in respect of
percentage to all India registered cases u/s 498-A, I.P.C. from year
2003-2006. The available data indicates an increasing trends during the
last Four years i.e. 2003-2006 in state of Haryana.

Further, if we analyze the percentage of crime u/s 498-A, I.P.C.

in proportion to the total I.P.C. crime committed under I.P.C. in India
and in the state of Haryana during 2006. Then the percentage of crime
committed u/s 498-A, I.P.C. in the state of Haryana is more then the
average percentage of all India, i.e.

Percentage of crime u/s 498 A, I.P.C. in the state of Haryana in

proportion to total I.P.C. crime in state is

2254 (Crime u/s 498-A, IPC) xl00 „ „,n/

= 4.46%
=----------- t--------------------------——------------------r
50509(Total IPC Crime in Haryana)

where as in India the percentage of crime committed u/s 498-A, I.P.C.

in proportion to total I.P.C. crime is

63128(Crime u/s 498-A, IPC)xl00

................... ................... ..................... .— =3.36%
1878293 (Total IPC Crime in India)
 272
That means if we see over all situation of the country then there
are more crime u/s 498-A, I.P.C. State of Haryana.

Table 1.2

(B) Percentage of Registered cases for cruelty against women u/s

498-A, I.P.C. as compared to total Crime Against Women in the
state of Haryana from the year 2003-2006

Sr. Year Total Crime Total Crime u/s Percentage of Crime

No. Against Women 498-A, I.P.C. u/s 498-A, I.P.C.

1 2003 4170 1618 38.80%

2 2004 4276 2026 47.38%

3 2005 4161 2075 49.86%

4 2006 4617 2254 48.82%

Source: NCRB, Crime in India.

Trends Analysis

The total Crime Against Women registered in state of Haryana

during the year 2003 to 2006 is presented in table 1.2. It is observed
that the crime u/s 498-A, I.P.C. i.e. Cruelty Against Women by the
husband and the relatives of the husband is increasing every year. In
year 2003 total, incidence of Crime a Against Women were 4170 out of
that the crime u/s 498-A, I.P.C. were 1618 that means if we see the
percentage of crime u/s 498-A, I.P.C. in comparison to every kind of
Crime Against Women in state of Haryana is very high, that means the
proportion of crime u/s 498-A, I.P.C. is 38.80% as compared to total
crime Against Women.

The available data indicates an increasing trends during the last

years that is from 2003 to 2005. It was 38.80 % in (2003), 47.38% in
(2004) 49.86% in (2005) and in the year 2006, there is slight decrease
in the percentage from previous year i.e. 2005. In 2006 the percentage
is 48.82%. If we see the available data of the year 2005 and 2006. It
shows that all most 50% of the registered cases are u/s 498-A, I.P.C. in
273
proposition to every kind of Crime Against Women in the state of
Haryana or we can say that the ratio of crime u/s 498-A and other kind
of Crime Against Women is almost 50 : 50.

Figure 1.3
(i) Crime Against Women in the State of Haryana during year
2003

□ Cruelty by husband
and relatives
□ Sexual Harassment

□ Rape

ID Dowry Death

m Kidnapping

H Molestation

BS Immoral Traffic

■ Dowry

Crimes Against Women Percentage of Crime

Cruelty by husband and relatives 38.8

Sexual Harassment 31.2

Rape 8.46

Dowry Death 5.36

Kidnapping 6.5

Molestation 8.25

Immoral Traffic 1.36

Dowry 0.07
 274

Figure 1.4

(ii) Crime Against Women in the State of Haryana during year

2004

□ Cruelty by husband
and relatives
5.88 011€5 □ Sexual Harassment

□ Rape

m Dowry Death

m Kidnapping

H Molestation

H Immoral Traffic

■ Dowry

Crimes Against Women Percentage of Crime

Cruelty by husband and relatives

47.38
Sexual Harassment
19.87
Rape
9
Dowry Death
9.42
Kidnapping
6.82
Molestation
5.88
Immoral Traffic
0.18
Dowry
1.45
275

Figure 1.5

(iii) Crime Against Women in the State of Haryana during year

2005

□ Cruelty by husband and

relatives
9.15 ffi16 □ Sexual Harassment

□ Rape

m Dow ry Death

49.86
E Kidnapping

U Molestation

B Immoral Traffic

■ Dowry

Crimes Against Women Percentage of Crime

Cruelty by husband and relatives

49.86
Sexual Harassment
14.34
Rape
11.13
Dowry Death
8.36
Kidnapping
5
Molestation
9.15
Immoral Traffic
2
Dowry
0.16
 276

Figure 1.6

(iv) Crime Against Women in the State of Haryana during year

2006

□ Cruelty by husban
and relatives
□ Sexual Harassmer

□ Rape

□ Dowry Death
48.82
m Kidnapping

11 Molestation

H Immoral Traffic

■ Dowry

Crimes Against Women Percentage of Crime

Cruelty by husband and relatives

48.82
Sexual Harassment
9.33
Rape
13.16.
Dowry Death
10.52
Kidnapping
5.52
Molestation
10.63
Immoral Traffic
0.15
Dowry
1.87
Ill

Table 1.7

(C) Percentage of Crime u/s 498-A, I.P.C. in comparison to other

I.P.C. (cognizable) Crime Against Women in Each Distt. of Haryana
during the year 2006.

Sr. Name of District No of No. of Total Percentage of

No. Regd. other No. of Crime u/s
cases I.P.C. Regd. 498-A, I.P.C.
u/s cognizable cases in each
498-A, cases of Crime District of
I.P.C. Crime Against Haryana
Against Women
Women

1. Ambala 174 97 271 64.2

2 Bhiwani 100 126 226 44.2

3 Faridabad 146 299 445 32.8

4 Fatehabad 83 53 136 61.0

5 Gurgaon 89 189 278 32.0

6 Hissar 158 86 244 64.75

7 Jhajjar 58 63 121 47.9

8 Jind 53 81 134 39.5

9 Kaithal 149 54 203 73.5

10 Karnal 214 123 337 63.5

11 Kurukshetra 116 101 217 54.4

12 Mohindergarh 41 75 116 35.3

13 Mewat 124 78 202 61.3

14 Palwal 47 69 116 40.5

15 Panchkula 63 38 101 62.37

 278

16 Panipat 104 144 248 41.9

17 Rewari 51 57 108 47.2

18 Rohtak 80 115 195 41.0

19 Sirsa 129 38 167 77.2

20 Sonipat 165 182 347 47.2

21 Yamunanagar 110 79 189 58.2

Source : NCRB, Crime in India, 2006.

Trends Analysis

The incidence of reported total cognizable Crime Against Women

and the incidence of crime u/s 498-A. I.P.C. in each district of the state
of Haryana during 2006 as shown in table 1.7. It is observed that the
crime Committed u/s 498-A, I.P.C. as compared to the other cognizable
I.P.C. Crime Against Woman in each district of the state of Haryana.
The percentage of crime u/s 498-A, I.P.C. is more than 55 percent in 10
Districts of the state. The Highest percentage of registered cases u/s
498-A, I.P.C. in comparison to other cognizable I.P.C. Crime Against
Women is in Sirsa Distt. i.e. 77.2%. That means the Sirsa district
stands on No. 1 position in respect of registered crime u/s 498-A,
I.P.C. followed by

Kaithal (73.4), Hissar(64.75%), Ambala (64.2%)

Karnal (63.5%), Panchkula (62.37%) . Mehat(61.3%)

Fatehabad (61-0%), Yamunanagar (58.2%) Kurukshetra(54.4%)

The least percentage of registered Crime u/s 498-A, I.P.C. as

compared to total cognizable I.P.C. Crime is in the Districts of

Gurgaon (32.0%) Faridabad (32.8%) Mohindergarh(35.3%)

Jind (39.5%) and Palwal (40.5%).

279
If we analyse the overall percentage of registered case u/s 498-
A, I.P.C. as compared to total cognizable I.P.C. Crime Against Women
in the State of Haryana, it comes more than 52% whereas the
conviction rate in the crime u/s 498-A, I.P.C. is only 14.0%. It shows
that in many case there is either compromise out of court or there is
settlement between the parties during the trial.

Table 1.8

(D) Districtwise Percentage of Crime u/s 498-A, I.P.C., in state of

Haryana during 2006.

Sr. Name of District Registered Total Percentage of

No. Crime u/s Crime U/S crime u/s
498-A, 498-A, 498-A, I.P.C.
I.P.C. I.P.C. in each Distt.
against of Haryana
women in
Haryana
1 Ambala 174 2254 7.71%

2 Bhiwani 100 - 4.43%

3 Faridabad 146 - 6.47%

4 Fatehabad 83 - 3.68%

5 Gurgaon 89 - 3.94%

6 Hissar 158 - 7.00%

7 Jhajjar 58 - 2.57%

8 Jind 53 - 2.35%

9 Kaithal 149 - 6.61%

10 Karnal 214 - 9.49%

11 Kurukshetra 116 - 5.14'%

12 Mohindergarh 41 - 1.8%

13 Mewat 124 - 5.50%

14 Palaral 47 2.0%
 280

15 Panchkula 63 - 2.79 %

16 Panipat 104 - 4.61%

17 Rewari 51 2.26%

18 Rohtak 80 - 3.54 %

19 Sirsa 129 - 5.72%

20 Sonipat 165 - 7.32 %

21 Yamunanagar 110 - 4.88%

Source : NCRB, Crime in India, 2006.

The total Incidence of crime u/s 498-A, I.P.C., in the state of

Haryana is 2254 during year 2006. Whereas if we see the districtwise
contribution percentage of crime u/s 498 A. I.P.C. as shown in Table
1.8.

It is observed that Distt. Karnal reported highest incidence

(9.49%) of this crime followed by

Ambala (7.71%), Sonipat (7.32), Hissar (7.0%)

Kaithal (6.61%)

whereas Distt. Mohindergarh is reported lowest incidence that is

(1.8%) in the whole state. That means Distt Mohindergarh stand in the
lowest rank in the crime u/s 498-A, I.P.C.. Whereas if we see the over
all percentage of the state as compared to all India, the contribution of
State of Haryana is (3.57%) but the contribution of crime u/s 498-A,
I.P.C. is the Distt Mohindergarh is 1.8% as compared to whole of the
State of Haryana, It is very low in comparison to the State of Haryana
as well as all India.
281

(III) ANALYSIS OF DATA PERTAINING TO ALL INDIA

REGARDING CRUELTY AGAINST WOMEN IN YEAR 2006

Table 1.9
(A) Percentage and conviction rate of crime u/s 498-A, I.P.C. as
compared to total Crime Against Women in each State and UT
during year 2006.
S. Name of Total Crime Percentage Percentage Conviction
No. State Crime u/s of Crime of other rate of
Against 498- u/s 498-A, Crimes crime u/s
Women A, I.P.C. Against 498-A,
I.P.C. Women I.P.C.
1 Andhara 21484 9164 42.65 57.35 17.8
Pardesh

2 Arunachal 168 14 8.33 91.67 60.0

Pardesh

3 Assam 6801 2548 37.46 62.54 19.9

4 Bihar 6740 1689 25.00 75.00 18.8

5 Chhatissgarh 3757 717 19.0 81.00 41.9

6 Goa 96 14 14.58 85.42 0.0

7 Gujarat 7279 4977 68.37 31.63 5.4

8 Haryana 4617 2254 48.82 51.18 14.0

9 H.P 792 259 32.70 67.30 7.8

10 J.& K. 2432 135 5.55 94.45 7.7

11 Jharkhand 2979 668 22.4 77.6 32.7

12 Karnataka 6084 2129 35.0 65.0 5.6

13 Kerla 7554 3708 49.0 51.0 11.1

14 M.P 14321 2989 20.87 79.13% 49.5

15 Maharashtra 14452 6738 46.62 53.38 3.7

16 Manipur 171 10 5.84 94.16

17 Meghalaya 176 13 7.38 92.62

18 Mizoran 125 01 0.8 99.92 100

 282

19 Nagaland 43 03 6.97 93.03 100

20 Osissa 6825 694 10.16 89.84 13.0

21 Punjab 2242 801 35.72 64.28 21.8

22 Rajasthan 12934 7038 54.41 45.59 37.8

23 Sikkim 47 06 12.76 87.24 50.0

24 Tamil Nadu 6489 1248 19.23 80.77 16.7

25 Tripura 964 471 48.85 51.15 20.5

26 Uttar 16375 5204 31.78 68.22 57.0

Pardesh
27 Uttaranchal 1038 358 34.48 65.52 40.3

28 West Bengal 12785 7414 57.98 42.02 13.9

Union Territory

1 A& N 36 07 19.44 80.56 00

Island

2 Chandigarh 224 102 45.53 54.47 00

3 D&N. 32 05 15.62 84.38 00

Haveli

4 Daman Div 09 02 22.20 77.80 22.0

5 Delhi 4544 1728 38.0 62.0 00

6 Lakshyadeep 01 01 100.0 57.1

7 Pondicharry 149 19 12.75 87.25 21.5

Overall conviction Rate 21.9

Source: NCRB, Crime in India, 2006.

Trend Analysis

The incidence of total Crime Against Women and the incidence

of crime u/s 498-A, I.P.C. in all the states and Union Territory of India
during the year 2006 as shown in the Table 1.9.

It is observed that in the state of Haryana, total Crime against

Women committed during year 2006 is 4617 and the total crime u/s
283
498-A, I.P.C. is 2254. If we analize these incidence then 48.82% of
crime u/s 498-A, I.P.C. alone and rest 7-8 type of crime Against
Women such as sexual harassment, dowry death, dowry demand,
kidnapping, rape, molestation, immoral traffic etc. is 51.18%. That
means crime u/s 498-A, I.P.C. is very high, whereas if we see the
conviction rate in the state of Haryana, it is 14.0% whereas the
conviction rate in all India is 21.9% that means in the state of Haryana,
the conviction rate is very low as compare to all India.

The highest incident of crime u/s 498-A, I.P.C. is reported from

Andhra Pradesh (9164) followed by West Bengal (7414), Rajasthan
(7308), Maharastra (6738). If we compare the Crime Against Women
and crime u/s 498-A, I.P.C., then in the state of West Bengal, the
proportion of Crime u/s 498-A, I.P.C. is registered more than the other
crimes against women i.e. The total Crimes Against Women, (the crime
u/s 498-A, I.P.C. is 57.98% and all other crime against women is
42.02%).

But if we compare the situation of the state of Mizoram, then

during the year 2006 only one case of cruelty against women u/s 498-
A, I.P.C. is registered out of total 125 incidence of crime Against
Women in the state that is nearly 0.8% of the total crime against
women in the State.

Further, if we analyze the data pertaining to Union Territory,

then the highest number of incidence(1728) u/s 498-A, I.P.C. is
reported from Delhi during year 2006. It is more than the reported
incidence in 17 states of India, that means Delhi stands on the 12th
position in the states and Union Territory of India.
 284

Table 1.10

(B) Proportion of Crime u/s 498-A, I.P.C. towards Total Crime

Against Women in the States and U.T. of India during year 2006

S.No. Name of Population Total crime Against woman Crime

State in lakhs
u/s 498-A, I.P.C.
Inc. Rate Percentage Inc. Rate Percentage
share share
1 Andhra 807.2 21484 26.6 13.0 9164 11.4 14.5
Pradesh

2 Arunachal 11.7 168 14.3 0.1 14 1.2 0.0

Pradesh
3 Assam 291.6 6801 23.3 4.1 2548 8.7 4.0

4 Bihar 913.3 6740 7.4 4.1 1689 1.8 2.7

5 Chhattisgarh 229.9 3757 16.3 2.3 717 3.1 1.1

6 Goa 15.5 96 6.2 0.1 14 0.9 0.0

7 Gujarat 550.8 7279 13.2 4.4 4977 9.0 7.9

8 Haryana 231.6 4617 19.9 2.8 2254 9.7 3.6

9 Himachal 64.5 792 12.3 0.5 259 4.0 0.4

Pradesh

10 JandK 117.3 2432 20.7 1.5 135 1.2 0.2

11 Jharkhand 293.1 2979 10.2 1.8 668 2.3 1.1

12 Karnataka 563.5 6084 10.8 3.7 2129 3.8 3.4

13 Kerala 336.8 7554 22.4 4.6 3708 11.0 5.9

14 Madhya 672.1 14321 21.3 8.7 2989 4.4 4.7

Pradesh

15 Maharastra 1045.7 14452 13.8 8.8 67.38 6.4 10.7

16 Manipur 25.7 171 6.6 0.1 10 0.4 0.0

17 Meghalaya 24.8 176 7.1 0.1 13 0.5 0.0

18 Mizoram 9.6 125 13.0 01 01 0.1 0.0

19 Nagaland 21.4 43 2.0 0.0 03 0.1 0.0

285

20 Orissa 392.0 6825 17.4 4.1 694 1.8 1.1

21 Punjab 260.8 2242 8.6 1.4 801 3.1 1.3

22 Rajasthan 628.0 12934 20.6 7.8 7038 11.2 11.1

23 Sikkim 5.8 47 8.1 0.0 06 1.0 0.0

24 Tamil Nadu 654.5 6489 9.9 3.9 1248 1.9 2.0

25 Tripura 34.4 964 28.1 0.6 471 13.7 0.7

26 Uttar 1850.2 16375 8.9 9.9 5204 2.8 8,2

Pradesh

27 Uttaranchal 92.6 1038 11.2 0.6 358 3.9 0.6

28 West Bengal 861.3 12785 14.8 7.8 7414 8.6 11.7

Total 159770 14.5 97.0 61264 5.6 97.0

Union Territory

1 A and N Island 4.0 36 9.1 0.0 07 1.8 0.0

2 Chandigarh 10.2 224 21.9 0.1 102 10.0 0.2

3 D and N Haveli 2.5 32 12.8 0.0 05 2.0 0.0

4 Daman Div 1.8 09 5.0 0.0 02 1.1 0.0

5 Delhi 162.3 4544 28.0 2.8 1728 10.6 2.7

6 Lakashdweep 0.7 01 1.5 0.0 01 1.5 0.0

7 Pandicherry 10.5 149 14.2 0.1 19 1.8 0.0

Total (UT.S) 4995 26.0 3.0 1864 9.7 3.0

Total (All India) 164765 14.7 100.0 63128 5.6 100.0

Source: NCRB, Crime in India, 2006.

Trend Analysis

It is observed from the Table 1.10 that the cases of Cruelty by

the Husband and the relatives of the husband (Sec 498-A, I.P.C.)
 286

(Incidence 63128, Rate 5.6%) in the country have increased during the
year 2006, by 8.2% over the previous year 2005 (58319 incidence).

The Highest percentage of these reported cases are from Andhara

Pardesh (9164) that is 14.5%. The highest rate at 13.7% was reported
from Tripura as compared to National rate (5.6%).

But If we see the reported case of cruelty by Husband or

relatives of the Husband u/s 498-A, I.P.C. from the state of Haryana
during year 2006 (2254) that is 3.6% of all India. The rate of incidence
of cruelty against women in the state of Haryana is 9.7%, whereas
National rate is 5.6% that means in the state of Haryana, rate of
incidence of crime u/s 498-A, I.P.C. is more than the national rate
5.6%.

At the same time, if we analyse the other Crimes Against Women

in the State of Haryana in comparison to all India. The rate of
incidence of total Crime Against Women in the state of Haryana is
19.9% whereas the National rate is 14.5% that means in the state of
Haryana, the rate of incidence of all type of Crime Against Women is
more than the National rate.

(IV) THE ROLE OF THE NATIONAL COMMISSION FOR

WOMEN (NCW)

The National Commission for Women (NCW) was constituted on

31st January, 1992 as a statutory body at the national level, in
pursuance of the National Commission for Women Act, 1990627 to
safeguard the interests of the women. It has a wide mandate covering
all most all aspects of women's development.

The Commission consists of a Chairperson, five members and a

Member Secretary all nominated by the Central Government for a
tenure of three years.

627
Act No. 20 of 1990 of Govt, of India.
287

(A) Functions of the NCW

The commission shall perform all or any of the following

functions, namely:

a. Investigate and examine all matters relating to the safeguards

provided for women under the Constitution and other laws;

b. Present to the Central Government, annually and at such other

time as the Commission may deem fit, reports upon the working
of those safeguard;

c. Make in such reports recommendations for the effective

implementation of those safeguards for improving the condition
of women by the Union or any State;

d. Review, from time to time, the exiting provisions of the

Constitution and other laws affecting women and recommend
amendments thereto so as to suggest remedial legislative
measures to meet any lacunae, inadequacies or shortcomings in
such legislations;

e. Take up cases of violation of the provisions of the Constitution

and of other laws relating to women with the appropriate
authorities;

f. Look into complaints and take suo moto notice of the matters
relating to:-

i. Deprivation of women's rights;

ii. Non-implementation of laws enacted to provide protection

to women and also to achieve the objective of equality and
development;

iii. Non-compliance of policy decisions, guidelines or

instruction aimed at mitigating hardships and ensuring
welfare and providing relief to women, and take up the
issues arising out of such matters with appropriate
authorities;
 288

g. Call for special studies or investigations into specific problems

or situations arising out of discrimination and atrocities against
women and identify the constraints so as to recommend
strategies for their removal;

h. Undertake promotional and educational research so as to suggest

ways of ensuring due representation of women in all spheres and
identify factors responsible for impeding their advancement,
such as, lack of access to housing and basic services, inadequate
support services and technologies for reducing drudgery and
occupational health hazards and for increasing their productivity;

i. Participate and advice on the planning process of socioeconomic

development of women;

j. Evaluate the progress of the development of women under the

Union and any State;

k. Inspect or cause to inspected a jail,remand home, women's

institution or other place of custody where women are kept as
prisoners or otherwise and take up with the concerned authorities
for remedial action, if found necessary;

l. Fund litigation involving issues affecting a large body of women;

m. Make periodical reports to the Government on any matter

pertaining to women and in particular various difficulties under
which women toil;

n. Any other matter which may be referred to it by Central

Government.

(B) Working of the Complaints Cell

The Complaints and Investigation Cell is an important

component of the Commission. It deals with the complaints received
from all over the country wherein there is any deprivation of women's
rights or any issue involving grave injustice to women. The Complaints
and Counseling Cell processes the complaints received orally, written
289
or on which suo moto cognizance is taken by the Commission under
Section 10 of the National Commission Act, 1990.

(C) Procedure of the complaint and investigation cell

As soon as any complaint is received in the NCW (by whatsoever

mode), it is sent to the Complaint and Investigation Cell for
registration. Particulars such as Date of Receipt, Number, Sender's
Name &Address, Case No., Category and State are noted. This
registration is done within 24 hours from the date of receipt of the
complaint. Then, without prejudice to the Chairperson's power to set up
an Investigating Committee, generally, complaints in which cognizance
has been taken are serially noted and equally distributed among the
various counsellors in the C and I Cell. Each counsellor is in turn,
attached to a Member and an Under Secretary Level Officer.

The Counsellors prepare Brief Transmission Reports of the cases

wherein they suggest the course of action to be taken in the matter
strictly as per the power and mandate of the NCW. The said report in
then put up before the respective under Secretary Level Officer for
approval. After the approval from the Under Secretary Level Officer,
the counsellor takes necessary action as per the orders and the
complainant is accordingly informed. A copy of the Action Taken
Report received from the concerned authorities is provided to the
complainants/ applicants seeking their comments on the ATRs. Action
taken Report if the complainants/ applicants have no objections to the
ATRs, the case is closed after placing it before the concerned member
and getting due approval of the same. However, if the complainant is
not satisfied with the ATR, his/her comments are sought and hereafter
appropriate action is taken in view of the submissions.

The Under Secretary Level Officer decides on taking cognizance

of the report, calling for Action Taken Reports from the concerned
officials, taking decisions on summoning the parties for hearing,
conducting hearings and recording the statements, conducting
counselling and bringing about conciliation and making
 290
recommendations in the reports. The C and I Cell functions under the
supervision of the Deputy Secretary and under the overall supervision
and guidance of the Member concerned. The final decision is taken by
the Member, who decides whether to close the matter or to conduct
further hearings or to obtain further reports from the concerned
authorities or recommend constitution of an Inquiry Committee.
However, the Committee is constituted only after the due approval of
the Chairperson. A letter is generally sent to the complainant in all
cases at the time of the final disposal of the complaint whether
cognizance has been taken by the Commission or not. The C and I Cell
deals with the complaints received so as to provide adequate relief to
the complaint and ensure suitable redressal of the grievances of the
Complaint.

The complaints received relate to domestic violence, harassment,

dowry, torture, desertion, bigamy, rape, refusal to register F.I.R.,
cruelty by husband, deprivation, gender discrimination and sexual
harassment at work place.

The complaints are tackled as below:-

(a) Investigations by police are expedited and monitored.

(b) Family disputes are resolved or compromised through

counseling.

(c)For serious crimes, the Commission constitutes an Inquiry

Committee which makes spot enquiries, examines various
witnesses, collects evidence and submits the report with
recommendations. Such investigations help in providing
immediate relief and justice to the victims of violence and
atrocities. The implementation of the report is monitored by
the NCW. There is a provision for having exerts/lawyers on
these, committees.

(d)The State Commission, the NGOs and other experts are involved
in these efforts.
291
The complaints received shows the trend of crimes against
women and suggests systemic changes needed for reduction in crimes.

The complaints are analyzed to understand the gaps in routine

functioning of government in talking violence against women and to
suggest corrective measures.

The complaints are also used as case studies for sensitization

programmes for the police, judiciary, prosecutors, forensic scientists,
defense lawyers and other administrative functionaries.

(D) Investigation undertaken by NCW

Following are the cases in which complaint receive by NCW and

had investigated and the appropriate action is taken.

(i) Harassment of Jayanthi Ramdas by her Husband in

Bangalore628

NCW received a complaint from Jayanthi Ramdas, from

Bangalore against H. S. Ramdas (Husband) for attempting to kill her,
physically abuse her and for dowry harassment. An F.I.R. had been
lodged by the complainant.

Facts of the case

Mrs. Jayanthi Ramdas got married in January, 1978 at f

Bangalore. Her husband, H. S. Ramdas, abused her and demanded
money from the day of their marriage. Soon after her marriage, he
started demanding her salary and she was forced to pay her salary to
him. Her husband quit his job from B.E.L and started harassing her by
asking her to contribute money for his business. He also used to
threaten to kill her children if she failed to arrange for money.

The Commission's member visited Jayanthi's house. The member

discussed the matter with Jayanthi's husband in the presence of the
sub-inspector of police. Counselling was done to both Jayanthi and her

628
NCW Annual Report 2005-06, p. 25.
 292
husband. After counselling, both of them agreed to live together in the
presence of the police and the case was settled and closed.

Recommendations

❖ Divorce at the age of 45 or more is not advisable.

❖ The husband is advised to take the responsibilities of a husband

and father.

(ii) The case of alleged suicide of Madhu Bucca due to harassment

by her husband and-in-Iaws at Morigaon

Facts of the case

The National Commission for Women received complaint

regarding alleged murder of Madhu Bucca by her husband and in-laws
at her residence at Morigaon, Assam. Taking congnizance of the
complaint" the National Commission for Women constituted a one
member Inquiry Committee. Accordingly, the Inquiry Committee
visited Morigaon on 30.8.2005.The husband and in-laws of Madhu
Bucca are residing at Morigaon. The parents of Madhu Bucca are
residing in Athgaon and they made a representation that, Madhu Bucca
while residing at her husband's house was burnt to death.

Observations

The Inquiry Committee examined the parents of the deceased and

a maid working in the house of the in-laws of the deceased girl. The
concerned medical officer and police officers were also examined by
the Inquiry Committee. As per the Inquiry report, the police had
promptly acted in the matter and registered a case under section 304 B
of the I.P.C..

Recommendation

❖ It was recommended that the case may be closed.

(iii) Dowry murder case of Poornima Rashmi

293
Fact of the case629

A member enquired into the dowry murder case of Poornima

Rashmi. Poornima Rashmi was an air hostess, daughter of late V.
Subhaiah. She was harassed for dowry.

As per ELR., No. 0161 dated 19.10.2005, one suitcase with gold
and silver ornaments amounting to Rs. 3,00,000/- was missing while
Poornima Rashmi was found dead. It was alleged by Poornima's in-laws
that it was a case of suicide. During investigation by the NCW, it was
found that Poornima was murdered by her in-laws for dowry.

Recommendations

❖ The NCW felt that it was a case of murder and hence, the case
needed to be thoroughly enquired into.

❖ The culprits should be punished.

(iv) The Dowry Death of Smt. Asha Lata in Jhajjar District,

Haryana630

The Commission received a complaint from Shri Dayakishan

Sharma, resident of Bhageshwari Village, Post Achina, Tehsil Charkhi
Dadri, Bhiwani District, Haryana, regarding alleged dowry death of his
daughter Asha Lata. A one member Inquiry Committee of the
Commission visited Jhajjar District on 26.10.2005.

Facts of the case

Smt. Asha Lata, daughter of Shri Dayakishan Sharma was

married to Naresh, Slo Mahavir, a resident of Sehlanga village,
Sehlawas Police Station in Jhajjar district on 11.2.2005. She was
murdered on 19.7.2005. The Inquiry team met SP Jhajjar and other
police officials.

It was found during inquiry that the post mortem report of the
deceased revealed that she died due to asphyxia as a result of manual

629
Ibid.
630
NCW Annual Report 2005-06, p. 21.
 294
throttling. It was discovered that the father-in-law and the brother-in-
law of the victim were arrested but later on they were released without
adequate cause.

The witnesses examined by the Inquiry Committee disclosed that

both father-in-law and brother-in-law of the victim were present in the
house when death took place. It was evident that the police had acted
unfairly in the matter.

Recommendations

❖ The Commission recommended that a supplementary chargesheet

under section 173 Clause (8) of the Cr. PC on the basis of the
inquiry done by the Commission may be filed in the case.

❖ The Commission directed the DGP to take corrective measures in

this regard.

(E) Online Complaint Registration System

The Online Complaint Registration System is a facility

incorporated for the speedy and easy registering of complaints through
the Commission's website i.e., www.ncw.nic.in and also through the e-
mail of the Commission i.e., ncw@nic.in. Anyone can log in to the said
site from any part of India / World and register his/ her complaint. The
said complaint is given a Registration No. and allotted to a particular
counsellor. The complaint is, then disposed of in the same manner as
those received through post/by hand, etc. If the complainant wants to
know about the progress of the case, he /she may simply log in to the
site and after typing their case no. and relevant password, they can get
the details of the Action Taken in the matter and also the progress of
the case.

During the April 2005-March 2006 Total complaint received by

Commission for Crime Against Women is 12494 and for the dowry
harassment and dowry death are 2142 complaints/case were received.
This shows that the commission has been regarded by the society as an
essential unit rendering valuable service to the suffering women and to
295
the society. As an illustration of the procedure and practice of the
commission in harassment complaints, some cases are given below:631

(F) Selected Successful Cases Dealt with by the Commission

Case No. 1: The National Commission for Women received a complaint

from Smt. Maya, a resident of New Delhi, which was registered
online through the Commission's website on November 17, 2005.
The complainant alleged that she was mentally harassed by her
husband as he was not giving her any monetary help. She was
staying with her son in the same house but separately from her
husband. Her husband was a retired employee of the Airport
Authority of India, New Delhi. Her son was working but later he
took voluntary retirement and hence he was unable to support the
complainant. The complainant further submitted that she was
suffering from osteoporosis and cataract and was unable to meet
the expenses of her treatment.632

Action taken by the Commission

The Commission issued notices to the complainant and her

husband to appear in person before the Commission on 30th November,
2005. The said parties appeared before the Commission on the said date
and were counselled. The Complainant's husband submitted a written
reply stating that he has no problem in supporting his wife, but he was
strictly against his son, who was misusing’his house and other facilities
like water, electricity, etc.

Result / Outcome

An amicable settlement was reached between the parties, wherein

the husband agreed to give Rs. 7000/- per month to the complaint and,
in return, the complainant's son agreed to equally support/ contribute to
the house-hold expenses like electricity, water, etc. The parties were
asked to give feedback to the Commission after 30 days. Later, the

631
Source: NCW Annual Report 2005-2006, p. 149.
632
Case No.8 / C0500101 / VT / ST / NCW / 2006
 296
Commission was informed by the complainant that the conditions
reached at the counselling session were being, duly followed by her
husband.

Case No. 2: The National Commission for Women received complaint

dated December 16, 2005, from Mrs. Sangeeta a Doctor by
profession and daughter of a retired Indian Administrative
Officer, hailing from District Allahabad, Uttar Pradesh. The
complainant had submitted in her complaint that she was married
to Mr. Sanjay. Her husband was an Advocate by profession and
belonged to a reputed political family.

The complainant alleged that she was harassed and tortured by

her husband and in-laws for want of dowry on one pretext on the other.
She was brutally beaten up by her husband, which finally resulted in a
miscarriage as she was pregnant at that time. She further submitted that
s had approached the concerned police officials for lodging an Fl.R.
for dowry demand and harassment against her husband and in-laws, but
the same could not be registered. Being aggrieved by the situation, she
approached the Commission and submitted her complaint.

Action taken by the Commission

The matter was taken up by the Commission and notice dated

January 05, 2006, was issued to the Senior Superintendent of Police,
Allahabad, Uttar Pradesh, wherein an Action Taken Report was sought
in the matter on or before January 30, 2006. However, the complainant
again approached the Commission and submitted that no action had
been taken in her case. Thereafter, the Commission issued a letter
dated February 06, 2006, to the Senior Superintendent of Police,
Allahabad, directing him to submit the required ATR within 7 days.
The Commission received an ATR (without date) from the said official
wherein it was elaborated that no case Dowry Demand and Harassment
has been made out and hence, the case of the complainant may be filed.
The complainant also submitted her submissions in view of the ATR
and after a detailed analysis of the ATR and the complainant's
297
submission, a letter dated May 23, 2006, was issued to the Senior
Superintendent of Police, Allahabad, for lodging an F.I.R. under the
relevant provisions i.e., u/s 498 A, I.P.C. and u/s 3/4 Dowry
Prohibition Act.

Result/Outcome

The complainant has informed the Commission that an F.I.R. u/s

498 A, I.P.C. has been registered. The case is under investigation and
the Final Challan /Charge Sheet is to presented in the competent
court.633

Case No. 3: The Commission For Women received a complaint from

Smt. Reena, a resident from Firozabad, U.P. wherein it was
alleged by the complainant that she was tortured for dowry by
her husband and in-laws. A complaint was filed in the National
Commission for Women submitting that she wanted to take
action against the accused so that they could be arrested.

Action taken by the Commission

fR
The Commission wrote two letters to S.S.P Firozabad, dated 11
September, 2006 and 18th October, 2006.

Results/Outcome

A reply has been received from S.P Firozabad that an F.I.R. U/S
498A / 323 / 506 and of Dowry Prohibition Act had been lodged
against the accused and the matter was going to the court.634

Case No. 4: The National Commission for Women received a complaint

from Smt. Rita, a resident from New Delhi, wherein it was
alleged by the complainant that she was harassed and tortured
mentally and physically for dowry by her husband and in-laws. A
complaint was filed in the Commission for Women submitting

Case No. 8/ 11044 / VT / NK / NCW / 2005

Case No. 8/8333/SS/NK/NCW/2006
 298
that she wanted police action against the accused so that they
could be arrested.

Action taken by the Commission

The Commission had sent two letters to D.C.P East District, New
Delhi dated 7.8.06 and 26.9.06.

Result / Outcome

A reply has been received from D.C.P East District that an F.I.R.
U/S 498A/406/506/34 I.P.C. has been registered against the accused
and the investigation is in progress.635

Case No. 5: The National Commission for Women received a

complaint from Smt. Radha, a resident of Meerut, U.P. wherein it
was alleged by the complainant that she was harassed and
tortured mentally and physically by her husband. A complaint
was filed in the National Commission for Women submitting that
she wanted police action against her husband and in-laws.

Action taken by the Commission

The Commission wrote a letter to S.P. Ghaziabad, dated 2.8.06.

Result / Outcome

A reply has been received from S.P. Ghaziabad that the matter
has been settled and presently the complainant is staying with her
husband.636

Case No. 6: The National Commission for Women received a complaint

from Smt. Anuradha, a resident of Mujaffarnagar, U.P. wherein it
was alleged by the complainant that she was harassed and
tortured mentally and physically for dowry by her husband and
in-laws. A complaint was filled in the National Commission for
Women submitting that she wanted police action against her
husband and in-laws.

635
Case No. 8 16991 / SS / NK / NCW / 2006
636
Case No. 8 / 5449 /SS/ NK / NCW/ 2006
299
Action taken by the Commission

The Commission wrote to S.P. Mujaffarnagar, dated 26.7,06.

Result / Outcome

A reply has been received by the Commission from S.P.

Mujaffarnagar that the matter has been settled and presently the
complainant is staying with her husband and her inlaws.637

Case No. 7: The National Commission for Women received a complaint

from Smt. Afreen Bano, a resident of Kanpur, which was
registered on August 23, 2006. The complainant alleged that she
was harassed by her husband and in-laws for dowry and was also
subjected to physical violence.

Action taken by the Commission

The matter was taken up by the Commission and an action taken

report was sought from the S.P. Kanpur within 4 weeks. The
Commission intervened and councelled both the parties.

Result/Outcome

The Commission received an action taken report, wherein, it was

submitted that the husband and wife had resolved their differences and
reconciled.636

(V) THE ROLE OF THE CRIME AGAINST WOMEN (CELL)

(A) Introduction

Apart from special laws to meet the situation of steep rise in the
incidence of crimes and atrocities against women, special police cells
have also been set up to help women. The first such cell was -set up in
1983 at the police headquarters at Delhi. It was known as the Anti-
Dowry Cell. The working of the cell for two years revealed that every
problem in the family was attributed to dowry demand by the husband

637
Case No. 8 / 6494 / SS / NK / NCW / 2006
638
Case No. 8 / 6813 / 06 /NCW / NE / YA
 300
and his people. Every case of suicide or death of a wife was considered
to be a dowry death. Thus, dowry was used as a scape-goat. A woman
who felt harassed due to any other reason not even related to dowry,
e.g., husband's habit of drinking or an extra-marital affair etc. would
take the plea of dowry and make a complaint to the women's cell. The
enforcement authorities were not oblivious of this fact.

In 1985 the name of the cell was changed from Dowry Cell to
"Crimes Against Women Cell." Thus now not only cases of dowry but
all sorts of harassments or atrocities on women are looked into by this
cell. In fact, however most of the problems are still attributed to
dowry. Cases are not immediately registered. Summons are sent to the
other parties and inquiries made. There are a couple of sittings in
which attempts are made to sort out the problems. If it is a case of
stridhana which the wife wants back and the husband refuses to return,
the cell tried to help the wife. Quite often the case is referred to court
where it takes its own time.

If one goes through the records of matrimonial cases, one would

invariably find the plea of dowry harassment either as a charge in the
divorce cases or as a defence in rejoinders to husband's petitions. The
worst part of the whole situation is that unscrupulous parties make
false complaints of dowry death or harassment just out of malice, to
seek vendetta or due to wrong advice or instigation.

Often these beneficial statutory provisions and the agencies set

up to help women in distress have made the situation worse. Families
were less disintegrated in the absence of these provisions. This is not
to blame the law but the manner in which it is being misused. I feel
that quite often 'the problems are peripheral and all that is needed is a
tactful handling-giving enough time and opportunity to both the parties
to cool off and give vent to their complaints, What happens now is that
parties tend to act in haste and approach a cell or some organisation.
With all the good intentions of the latter, the matters get aggravated.
Rapprochement becomes difficult almost impossible. At times even
301
when parties have not really fallen out but there are small bickerings
and the wife threatens to commit suicide or approach a cell, the
husband tries to pre-empt the step and takes all protective steps to
guard himself against possible harassment by the wife. The parents of
the boy no longer wish to keep their married sons with them because of
the lurking fear of being dragged in. In short, the laws and agencies
which were set up to safeguard the woman's interest and preserve
families are becoming stumbling blocks in reconciliation and have a
potential of severe damage to the peace and harmony of marital life if
resorted to in a rash, hasty, and thoughtless manner.

(B) STATUS OF CRIME AGAINST WOMEN CELL

"In Delhi Police the Crime Against Women Cell deals with cases
of matrimonial disputes relating to offences of 498A/40<5 I.P.C.. When
a complaint is received, CAW Cell initiates inquiry into it which is fact
finding in nature and the inherent purpose is to save the institution of
marriage. During the course of enquiry efforts are made to bring about
reconciliation between the parties and a proper follow-up is done to
track the progress. If reconciliation is not possible then upon the merits
of the complaint and volition of the complainant a settlement is
effected with mutual consent and restoration of Stridhan. Thereafter
both the parties can go for divorce with mutual consent in the court.

"If the above two efforts fail, then on the merits of the
complaint, if it warrants, a criminal action is taken and a case is
registered under the proper section of law. During the course of
enquiry help of NGOs is also taken for rapprochement and compromise.
The NGO by the name Swanchetan is working in collaboration with
CAW Cell, Nanakpura and it regularly takes counseling sessions with
women victims and also the respondent. Their assessment report helps
the enquiry officer to reach at a judicious decision."

The status of the Crime Against Women Cell, which is headed by

the Police officer, is also that of an investigating agency. May be,
having regard to the fact that the dispute in question is of matrimonial
 302
nature, an attempt is made in the first instance to reconcile the parties.
Nevertheless, some investigation into the complaint filed by the
complainant is gone into the CAW Cells at that stage also and,
therefore, this would form part of the charge-sheet, which is ultimately
filed by the Police and in these circumstances the request of the
petitioner for summoning of this record was not unjustified.

Further, it has been held in Baldev Singh’s casem by Delhi High

Court that the CAW Cell is the amalgam of investigating agency which
is also entrusted with the function of attempting to reconcile the
parties. The proceedings before the CAW Cell are initiated pursuant to
the complaint filed by the complainant in which there may be
allegations of harassment on account of demand of dowry, etc. on the
basis of which complaint generally is under section 498-A/406 I.P.C.. I
am, therefore, of the opinion that there is no harm in summoning the
record of the CAW Cells at Krishna Nagar and Nanak Pura. At the
same time, while hearing arguments on the charge, the learned trial
court should be prudent enough to see as to which documents contained
in the record before the CAW Cells are to be considered and parties
allowed to rely thereupon.

It is accordingly directed that the trial court shall summon the

records in this case before the CAW Cells at Krishna Nagar and Nanak
Pura, Delhi and therefore, hear the parties on the charge.

(C) Crime Against Women Cell only an Agency to make efforts

for reconciliation

The much publicized Crime Against Women cell of Delhi Police

cannot take any coercive action against a person who refuse to appear
before it. The Delhi High Court in a case held that Crime Against
Women Cell has no power.

639 Baldev Singh v. State and ors., 2006(4) RCR (Criminal) 855, Delhi High Court.
303
“CAW can conduct proceedings only where both the parties are
ready and willing to join the proceedings voluntarily,” observed the
Court in a matrimonial dispute case.

Pleading before the Delhi High Court the husband of a woman

who has filed a complaint against him in the CAW had prayed for
nullification of the complaint on the ground that his wife had also filed
a case of Domestic violence against him in the Patiala House court.

While pronouncing the order the High Court held that the CAW
cell is an agency created to make efforts for reconciliation between
families before criminal proceedings are initiated on the complaint of
any party. “No coercive action can be taken by the CAW cell
compelling an unwilling person to put in appearance before it,” said
the High Court order.

According to the petition the wife of the petitioner had filed the
complaint against him in CAW cell Amar Colony, New Delhi in
January 2007 due to some domestic dispute.

Following this the wife of the petitioner also registered a

complaint in Domestic Violence Act, proceedings on which are going
on before the Metropolitan Magistrate. .

The petitioner's contention was that the compliant against him in

CAW should be scrapped as the matter has been taken under Domestic
Violence Act now.

While refusing pass any direct order quashing the complaint in

CAW the High Court said that the petitioner has the liberty not to
appear before the CAW cell.

"There is no need of any order for quashing the proceedings in

CAW as the proceedings are not judicial or quasi-judicial", said the
court order.640

640
Pioneer, Thursday, 9th August, 2007, Delhi Edition.
 304

(D) Crime Against Women Cell is not a judicial or quasi judicial

authority
In the light of complaints of high-handedness of Crime Against
Women (CAW) Cell flooding courts, the Delhi High Court has admitted
a petition challenging CAW’s “establishment, functioning and
jurisdiction”. In this case a brother-sister duo embroiled in a marital
dispute with their respective partners have challenged the very basis of
CAW cell, arguing it was created without any legal sanction or
legislative basis. To bolster their case, the siblings have narrated their
own experience of how under similar circumstances a woman and man
were allegedly discriminated against by CAW located in Lajpat Nagar
Police Station.
Justice S.N. Dhingra issued notice seeking the response of the
police and the government. According to the petition, both the brother
(Anand Kumar) and sister (Rashmi) found themselves at the wrong end
of their matrimonial life.
While Rashmi approached CAW alleging she was thrown out of
her married home by the husband and in-laws within ten days of the
marriage because she couldn't fulfill the incessant dowry demands,
brother Anand was hauled up by the same CAW for refusing to marry a
woman after agreeing to the same. Anand on his part claimed that that
woman he was about to marry walked out of the proposed wedding of
her own volition as she had a "secret lover" and the complaint was only
to extract as much money as possible.
Again, while Rashmi was fobbed off and her complaint never
converted into an F.I.R., her brother was summoned to CAW, first
coaxed and later threatened to cough up a settlement amount. All this,
adds the petition, without the other party being called at the same time.
"IN one case, CAW inquiry officers, acting on the complaint of
Rashmi who happens to be a woman, choose to side up with the version
of the husband and in-laws, whereas in the case of Anand the same
inquiry officers changed their version maintaining was a Women Cell
305
not a Men's Cell, even threatening Anand. The situations are definitely
a suspicious one."

Citing the CrPC, the advocate pointed out that it had forbidden a
cop from launching an inquiry or any investigation prior to registration
of an F.I.R. yet CAW officials routinely go ahead with a probe on a
complaint in the absence of an F.I.R.. "The present day set up of CAW
cell is questionable, inquiry officials act as cops while the mandate is
to create a congenial atmosphere between the disputing parties."

In a crucial ruling High Court held that CAW cell was only an
"agency created to make efforts for reconciliation between families....
not a judicial or quasi-judicial authority to summon only one party on a
complaint." High Court was categorical that unless both parties agreed
to thrash out a compromise, CAW's summons were meaningless.641

(E) Study of Data Under Section 498-A/406 I.P.C. of CAW Cell

(Delhi)
Police statistics themselves reveals that they filed cases roughly
on an average of one out of every 2 ‘A complaints. In the year 2001, the
total number of 7215 cases came to the CAW cell, Nanakpura Delhi.
Cases were filed in 3129 complaints (43.36%), 1807(25%) ended in
compromise and in 708(9.8%) streedhan was restored. Total 1001
(13.87%) cases recommended for filing the case in the court of law.
This means that almost 43.36% of the complaint has been filed by the
police. Because of either parties has not taken initiatives after filing
complaints or the police did not found any reason to recommend the
case. Another 25% cases ended on compromise by the parties. This
shows that during the course of inquiry efforts are being made to bring
about the reconciliation between the parties and a proper follow-up is
done to track the progress. If reconciliation is not possible between the
parties case can be recommended. The data from year 2001-2007
pertaining to Cruelty Against Women filed before the Crime Against
Women Cell, Nanakpura, Delhi are analysed below:

641
Time of India, Friday, 17th August, 2007, Delhi Edition.
 306

(I)
DISPOSAL OF COMPLAINTS BY CAW CELLS FROM 1.1.2001 TO 31.12.2001

N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL

Complaints received 1569 257 1178 417 54 706 1274 727 291 742 7215

FIELD 738 112 482 137 23 421 448 405 145 218 3129

COMPROMISED 232 68 367 128 98 337 178 21 281 1807

ISTRIDHAN 92 45 123 55 37 236 48 12 58 708

RESTORED

99
CASE 398 30 94 70 12 72 47 34 178 1001

RECOMMENDED

SENT TO OTHER 18 112 27 11 78 206 62 47 570

DISTT.

Source: Crime Against Women (Cell), Nanakpura, Delhi.

307

(ii) DISPOSAL OF COMPLAINTS BY CAW CELLS FROM 1.1.2002 TO 31.12.2002

N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL

Complaints received 1740 261 1591 395 59 828 1543 889 312 731 8349

FIELD 807 94 482 154 25 273 564 522 134 183 3238

COMPROMISED 393 83 454 109 245 561 201 56 282 2393

ISTRIDHAN 127 40 192 31 1 141 271 77 113 1001

RESTORED

CASE 392 42 277 79 13 li: 84 26 62 141 1227

RECOMMENDED

SENT TO OTHER 21 186 22 11 58 63 63 52 12 490

DISTT.

Source: Crime Against Women (Cell), Nanakpura, Delhi.

 308

(iii) DISPOSAL OF COMPLAINTS BY CAW CELLS FROM 1.1.2003 TO 31.12.2003

N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL

Complaints received 1871 282 1253 461 53 909 1479 743 287 828 8166

FIELD 1011 96 68 212 17 361 549 402 158 289 3163

COMPROMISED 373 91 665 128 10 254 538 203 45 269 2576

ISTRIDHAN 155 52 268 37 91 233 47 8 131 1029

RESTORED

CASE 285 42 212 42 10 172 109 44 31 116 1063

RECOMMENDED

SENT TO OTHER 47 40 42 31 50 47 45 23 335

DISTT.

Source: Crime Against Women (Cell), Nanakpura, Delhi.

309

(iv) DISPOSAL OF COMPLAINTS BY CAW CELLS FROM 1.1.2004 TO 31.12.2004

N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL

Complaints received 1794 341 1301 460 66 988 1486 919 361 817 8533

FIELD 933 152 132 190 27 357 595 451 171 323 3331

COMPROMISED 387 107 639 156 21 279 458 231 49 212 2539

ISTRIDHAN 157 48 264 26 73 137 71 28 110 916

RESTORED

CASE 225 31 214 50 171 131 48 64 180 1081

RECOMMENDED

999
SENT TO OTHER 92 52 38 108 165 118 49 32

DISTT.

Source: Crim e A gainst W omen (C ell), N anakpura, D elhi.

 310

(v) DISPOSAL OF COMPLAINTS BY CAW CELLS FROM 1.1.2005 TO 31.12.2005

N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL

Complaints received 1823 291 1307 464 63 1072 1490 937 438 744 8629

FIELD 922 97 543 200 33 424 635 380 187 269 3690

COMPROMISED 310 81 308 174 276 478 267 97 209 2206

ISTRIDHAN 129 32 95 29 76 153 103 40 94 757

RESTORED

CASE 359 75 316 42 10 148 98 131 50 143 1372

RECOMMENDED

SENT TO OTHER 103 45 19 8 148 126 56 64 29 604

DISTT.

Source: Crime Against Women (Cell), Nanakpura, Delhi.

311

(vi) DISPOSAL OF COMPLAINTS BY CAW CELLS FROM 1.1.2006 TO 31.12.2006

N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST TOTAL

Complaints received 1890 406 1778 560 76 1093 1683 897 452 1044 9879

909
FIELD 913 83 493 201 37 675 329 204 421 3962

COMPROMISED 244 166 594 229 17 179 652 296 105 295 2777

ISTRIDHAN 94 45 456 33 20 201 117 43 140 852

RESTORED

CASE 566 98 334 44 100 155 131 56 170 1663

RECOMMENDED

611
SENT TO OTHER 71 14 201 53 10 69 24 44 18 623

DISTT.

Source: Crime Against Women (Cell), Nanakpura, Delhi.

 312

(vii) DISPOSAL OF COMPLAINTS BY CAW CELLS FROM 1.1.2007 TO 31.12.2007

N.PURA NORTH N.WEST CENT. N.DELHI EAST N.EAST SOUTH S.WEST WEST OUTER TOTAL
091
COMPLAINTS 1794 382 1291 545 65 1121 1752 844 395 457 9806
RECEIVED
FILED 983 92 251 193 11 509 561 234 168 345 25 3372
COMPROMISED 148 103 310 166 29 181 531 207 43 342 95 2155
ISTRIDHAN 51 25 113 31 3 32 151 104 15 119 18 662
RESTORED
CASE 387 51 172 44 8 54 222 114 46 169 24 1291
RECOMMENDED
SENT TO OTHER 61 14 281 59 7 100 127 10 39 70 16 784
DISTT.
TOTAL 1630 285 1127 493 58 876 1592 669 311 1045 178 8264
DISPOSED OFF
PENDING 164 97 164 52 7 245 160 175 84 115 279 1542
ENQUIRY
Source: Crime Against Women (Ceil), Nanakpura, Delhi.
313

(B) Analysis of Data pertaining to Cruelty Against Women from

year 2001 to 2007

If we analyse the overall position from the year 2001 to 2007 of

Delhi as mentioned in the above data.

In the year 2001, total complaint received is 7215 and complaint

filed after preliminary inquiry, no action is taken by CAW (Cell) Delhi
3129(43.36%), in 2002 total complaint received 8349 and complaint
filed is 3238 (38.78%), in 2003 total complaints received by CAW
(Cell) 8166 and complaint filed 3163(38.75%). In 2004, total complaint
received is 8533 and complaint filed is 3331 (39%) and in the year
2005, total complaint received 8629 and complaints filed
3690(42.76%). In year 2006, total complaints received 9879 and
complaints filed 3962(40.1%). In year 2007 total complaints received
9806 and complaints filed 3372(34.38%).

Figure 1.11

(C) Total complaints of Cruelty Against Women received and

cases recommended by CAW (Cell) Nanakpura, Delhi during year
2001 to 2007

12000 -

10000 -
Crime Against Women
00

o
O
O
oo
CO
o
oo
^o
ro
oo
o
 314
If we do statistical analysis then we come to the conclusion that
from year 2001-2007 almost all 40% or above cases are filed, in which
police as either reconciled the parties or either parties has withdrawn
the complaint or parties has not come to the CAW cell after formally
lodging a complaints in the cells. It may have the effect of counciliing
or there may be the false complaint by the parties. Further, if we
analyse the data from 2001 to 2007 as mentioned in Figure 1.11. It is
observed that the percentage of case recommended for police action is
near about 14% of the total complaints received by the CAW (Cell) in
each year in the Delhi. This shows that effectiveness of the counciliing
by the CAW (Cell) in Delhi.
“Fight for gender equality is not a fight against men. It
is a fight against traditions that have chained them- a
fight against attitudes that are ingrained in the society-
it is a fight against system- a fight against proverbial
Laxshman Rekha which is different for men and
different for women. The society must rise to the
occasion. It must recognize and accept the fact that
men and women are equal partners in life. They are
individuals who have their own identity.”

-Dr. Justice A.S. Anand