Report No. 135
Code of Criminal Procedure: Provisions Concerned with Women in Custody - Deficiencies Identified and Recommendations Formulated
2.1. Safeguards in the Code.-
The concern of the law to prevent harassment and exploitation of women who have had the misfortune of being sent to prison for a violation of the law is manifest in the various provisions that the Code of Criminal Procedure, 1973 has made in regard to the arrest and detention of women generally, including, in particular, women accused of an offence. For example, in regard to the search of women at the time of arrest, the law has taken care to provide that it shall not be permissible for a male police officer to search a woman.
Then, if an accused person, whether male or female, is to be examined medically, some safeguards have been provided regarding women. Besides this, of course, the constitutional and legal safeguards applicable in the field of personal liberty are as much available to women, as to others. However, on examining the various provisions of the Code of Criminal Procedure, 1973, it would appear that on some matters of detail, there is scope for further safeguards being introduced in order to provide adequate protection to such women. Suggestions in detail in this regard will be made in the next few paragraphs.