Report No. 84
Copy of Letter No, PS/lS/lA/80, Dated 27th March, 1980 from The Secretary, Department of Legal Affairs to The Member-Secretary, Law Commission of India
D.O. No. Ps/ls/la/80
Government of India
Ministry of Law, Justice & Co. Affairs,
Department of Legal Affairs.
New Delhi, the 27th March, 1980
My Dear Bakshi,
You would be aware that recently there has been a considerable amount of discussion in the Press and in other Forums regarding the inadequacy of the law to protect women who have been victims of rape or assaults on their modesty. There has also been a certain amount of criticism that the law does not contain enough safeguards to protect the women who might be summoned to police stations or other like places for the purposes of interrogation or investigation or who might be taken and kept in custody.
2. In view of the strong public opinion on this point, Government desires that the Law Commission should make a special study of the subject. The study should cover not only the substantive law relating to rape, but also the rules of evidence and the procedure followed in criminal trials wherein a person is charged with the offence of rape or for assault on the modesty of a woman and other related matters. The existing practice and the administrative instructions with regard to interrogation and arrest of women might also be gone into.
3. Government would like the Commission to give the top most priority to this work and to submit an urgent report within as short a period as possible.
4. In this connection, a copy of a letter addressed to the Prime Minister by Shrimati Sushila Adivarekar, M.P. and the recent instructions issued by the Ministry of Home Affairs which might be of use to you are being sent separately.
With kind regards,
Shri P.M. Bakshi.
Government of India,