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Report No. 243

6. View of National Commission for Women

6.1 The view point of National Commission for Women represented by Member-Secretary placed before the Parliamentary Committee on Petitions (Rajya Sabha) (report presented on 07.09.2011) has been summarized in the report of the Committee as follows:

(i) Section 498-A, IPC, provisions of the Dowry Prohibition Act 1961 and the Protection of Women from Domestic Violence Act 2005 have an element of commonality and need to be harmonized and uniformly implemented;

(ii) Police should in the interest of the protection of the constitutional rights of a citizen ensure that no arrest should be made without a reasonable satisfaction after some investigation as to the genuineness and bonafide of a complaint and the need to effect arrest;

(iii) Creation of Mahila Desks at police station and Crime Against Women (CAW) Cell, at least at the district level which would specifically deal the complaints made by women. When a wife moves to file a complaint to a women cell, a lot of persuasion and conciliation is required. The Legal Service Authorities of the States / UTs, National Commission for Women, NGO and social workers should set up a desk in CAW Cell to provide conciliation services to the women so that before the state machinery is set in motion the matter is amicably settled at that every stage;

(iv) In case of matrimonial disputes, the first recourse should be effective conciliation and mediation between the warring spouses and their families and recourse of filing charges under Section 498-A, IPC may be resorted to in cases where such conciliation fails and there appears a prima facie case of Section 498-A of IPC and other related laws; and

(v) Counseling mechanism envisaged under the PWDVA should be implemented by State Governments and counseling of parties should be done only by professionally qualified counselors and not by the police. The police may consider empanelling professional counselors with CAW Cells.

Section 498-A of the Indian Penal Code Back

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