Report No. 243
Members of National Commission for Minorities (Dr. H.T. Sangliana & Shri K.N. Daruwala)
Police should have open and balanced approach. In all cases, straightway the case need not be registered. The decision to register a case may be taken by the Inspector level officer. Cases under 498-A to be handled with utmost care. Only after satisfying with the genuineness of the complaint, an arrest should be made and not in a routine manner.
Formal investigation can be kept in abeyance until the conciliation attempt is completed which should not be more than three weeks. Right mediators can be identified through NGO nets and retired officials from Police and judiciary. In Karnataka, women's help centres are available in the compound of Commissioner of Police.
The fourth parties agreed to compromise after registration, Court's permission may be taken to compound. If no death is involved, it may be made bailable. Bail should be granted to the accused of his/her age is above 60 and if no direct involvement is established. Free legal aid cell will be useful to butt availability of such help when required is doubtful. Long pendency of cases discourages the complainants from pursuing the matters further.