INCREASING CRIMES AGAINST WOMEN-WHO IS RESPONSIBLE ?

Justice Gulab Gupte'

"Empowerment of Women" had been the favourite theme of the

United Nations from its inception. In the beginning, it built momentum for
women's rights all over the globe and having secured the same at an
acceptable level, started targeting violence against women. Violence is
recognized as a major impediment to the rights of women to participate
fully in the society. Convention on the Elimination of All Forms of
Discrimination against wpmen, 1979 represents this shift in global
perception. By 1992, it was accepted that discrimination on gender basis
included "violence, which is directed against a women because she is a
woman or which affects woman disproportionately". Consequent upon
this perception "The Declaration on The Elimination of Violence Against
Women" was adopted by the UN General Assembly on 20th December .
1993. The General Assembly recognized that violence against women i~
"a manifestation of historically unequal power relations between men and
women. It is an obstacle to the achievement of equality, development and
peace". For this reason, The Declaration provided that "States should
condemn violence against women and should not invoke any custom,
tradition or religious consideration to avoid their obligations·with respect
to its elimination".

2. The World Conference of Human Rights, 1993 held at Vienna -

which drew representatives from 171 countries, provided the impetus for
the on-going international campaign for the implementation, promotion
and protection of human rights of women. In response to calls from
women's organizations around the world, the issue of women's rights was
a major theme of the Conference. The Vienna Declaration and
Programme ot Action urged that Governments and the United Nations
ensure full and equal enjoyment by women of all human rights. As a
result of this conference, the UN Commission on Human Right appointed
a Special Rapporteur to study problems relating to violence against
women and recommend measures at the national, regional and
international levels to eliminate violence against women. The issue was
discussed in greater details in the fourth World Conference on Women
held in Beijing (China) in 1995 and added vigour and strength to the
movement against violence against women all over the world.

Retired Chief Justice Himachal Pradesh and Judge, High Court of M.P. and Madras
High Court, NowChairman, M.P. State Human RightCommission, Bhopal, M.P.
20 CENTRAL INDIA LAW QUARTERLY [2000

3. Inspite of aforesaid international efforts towards elimination of

violence against women, women in India in general and Madhya Pradesh
in particular continue to suffer not only violence but also inequality.
Crimes like rape dowry deaths, kidnapping and sexual harassment
continue to increase substantially. The State of Madhya Pradesh
recorded 196779 IPC crimes in 1996, 205206 in 1997, 201297 in 1998
and 205964 in 1999. Crimes against women included in the above
statistics are 17482 in 1996; 18971 in 1997, 18091 in 1998 and 19659 in
1999. The State recorded 3265 rape cases in 1996; 3518 in 1997,3300
in 1998 and 3495 in 1999. Dowry death cases as reported were 577 in
1996; 550 in 1997, 805 in 1998 and 555 in 1999. Similarly molestation
cases as reported were 6838 in 1996, 7822 in 1997, 8015 in 1998 and
8889 in 1999. Investigation of these reported crimes also leaves much to
'be desired. Not only false prosecutions but also citing false witnesses is
found rampant resulting in large scale acquittals in such cases. The
conviction rate was 50.9% in 1996 which fell down to 47% in 1997.
Percentage of conviction in ·1997 in relation to crimes against women was
even poorer. It was 26.72% in rape cases; 33.07% in dowry death cases
and 17.39% in cases relating to kidnapping of women. In 1997 Bhopal
city emerged as the crime capital ot the state with 9469 crimes reported
in the city, with Indore following it with 8581 reported criminal cases
during the year. There are many feeling that recorded crimes against
women do not indicate the correct picture as large number ot such crimes
go unreported. Whatever be the truth, it is clear that women are not sate
in the State and the State has to travel a long way in promoting and
protecting basic human rights of women. The State has to accept that
India has ratified the Convention on the Elimination of All Forms of
Discrimination Against Women, 1979, was a party to the Declaration on
the Elimination of Violence against Women and that they owe the
obligation to eliminate violence against women in the State.

4. Alarmed by the aforesaid trend of increasing crimes against

women, the Madhya Pradesh State Human Rights Commission (MPHRC)
decided to launch a massive awareness campaign against it and thereby
educate the common man of our international and national obligations in
the matter. The MPHRC decided to celebrate 13th September, 1999 - its
Foundation day - as Human Rights Protection day all over the State. It
sponsored, with the help of the State judiciary, Bar Associations and
NGOs, seminars/workshops at about 240 places calling upon lawyers,
doctors, engineers, professionals, businessmen, teachers, social scientist
VoI.XIII] INCREASING CRIMES AGAINST WOMEN 21

and reformers and the like to express themselves against this trend and
suggest ways and means to eliminate crimes against women. "Increasing
Crimes Against Women - Who is Responsible" was the theme of these
seminars/workshops. Inspite of objections of the Election Commission of
India, such seminars/workshops were held at 121 locations where the
subject was discussed with seriousness by a sizeable cross-section of
the society. The present dissertion records these views for easy
reference and appreciation thereof in proper legal, social and economic
prospective. It also aims at developing an effective strategy against
violence against women and recommend the same for adoption not only
by the State but also the people in general.
I

5. The MPHRC which prepared the work-paper on the subject for

convenience ot the participants telt that beside women victims of these
crimes, there were atleast three other parties to these crimes viz. -

(i) Offenders including those who aid and abet these crimes,

(ii) Police or the Law Enforcement Agencies, and

(iii) Criminal Justice System.

and posed the following question in relation to each of them for

discussion. These questions are as under :-

In relation to offenders

(i) Whether exploitation of women is in-built in our social system ? If

yes, how to reform the system?

(ii) Whether women themselves are responsible directly or indirectly,

for crimes against them ? If so, what measures should be adopted
to arrest this trend ?

(iii) What should be done to protect women and children from

violence?

In relation to the Police

(i) Whether investigation of the reported crime by the police was false
or was it against the real culprit?

(ii) Why did the witnesses not support the prosecution in the court ?
22 CENTRAL INDIA LAW QUARTERLY [2000

(iii) What should be done to make prosecution effective enough to

secure conviction?
In relation to Criminal Justice System

(i) Whether large-scale acquittals in crimes against women could be

attributed to negligence of prosecution including prosecuting
innocent persons?

(ii) Whether the trial procedure is responsible in any manner for such
large-scale acquittals?

(iii) Whether proof beyond reasonable doubt as applied in criminal

cases is responsible for these acquittals?

(iv) What should be done to secure punishment of offenders in crimes

against women?

Free and frank discussion on all the aforesaid questions was held all over
the Slate ill which uol ulliy lhe police uHit;iC:li~ but also ih~ juuy~ti irying
such cases expressed themselves without fear or favour.

6. Justice M.N. Venkatchaliah, former Chairperson, National Human

Hights oomrmsson, New Uelhi blessed the etforts of MPHH<.; by
inaugurating the programme on 12th september, 1999 at Bnopat before a
distinguished gathering and observed that crimes against women were
the worst form of human rights violations needing a socially supported
strategy against It. According to him increases in crimes in general
indicate that civil society has developed immunity aqamst laws ana
criminal justice system has become ill. He believed that it our criminal
justice system was improved, civil society would respond favourably and
crime rates would decrease. He also found much wanting in law
enforcement system and wished that political leadership attends to this
problem on a priority basis. He felt that merely providing more severe
penalty for such crimes was not enough. Surety of punishment and not
the severity of punishment was the need of the day and hence law
entorcement agencies should do some introspection about their role and
methodology. The criminal justice system must, according to him respond
to the present needs of the society and be, for this purpose reformed at
the earliest.

7. Justice R.C. Lanotl, Judge, Supreme Court of India was ot the

opinion that every. one in the society is responsible for growing violence
Vol.XIII] INCREASING CRIMES AGAINST WOMEN 23

against women and hence a coordinated efforts of all alone would provide
the necessary relief. Noting the present trend towards modernization and
economic liberation, he observed that though there was nothing wrong in
them, the women wanting these changes owe to the society to achieve
them in a manner as not to give to anyone any excuse for violating their
rights. Unless exercise of rights is coupled with the duty.not to offend any
one, the problem of violence in the society would remain unsolved.
Women, according to him, have to share the major burden, of providing
excellence in social attitudes and behaviour. The must therefore train
themselves to become our cultural ambassadors. He was also of the view
that out laws were sufficient to provide the required protection to women
and what was lacking was the will to implement and enforce those laws,
The political will to enforce laws must therefore be developed.
Views and the Vision
(A) Sociologist's View

8. A good number of participants in these seminars were ordinary

people considering the plight of women in the context of our developing
society. They emphasized that the entire society was to be blamed for
these crimes. They observed that family ties which provided the value
based living, were weakening with the result that women were considered
sex objects only. Female sexuality, in the present social context, is in the
main, responsible for kindling sexual desire in men, Such men often use
violence as an instrument of controlling female sexual behaviour. This is
more so at the present when young men remain unable to marry for
economic reasons but are unable to control their natural sex desire. Such
persons also blame young girls who, in the name of modernity, expose
themselves little more than ordinary and fire imagination of young males
in the society. They do not object to liberation of women as such but
suggest a restrained behaviour on their part so as not to inflame sexuality
among men, Proponants of this view feel that increasing reports of sexual
harassment of women at work place or in educational institutions or in the
market can be controlled by this strategy. They regret lack of moral
education in our system and plead for its introduction at the earliest.

9. Sociologists and social reformers however blame our stratified

social structure for increasing crimes against women. The divide the
history of Hindu society into four distinct parts viz. (i) Vedic period ending
about 600 B.C. (ii) Post Vedic period, extending upto 3rd century of the
Christian era, (iii) period of Dharmashastras ending in 11th Century A.D.
24 CENTRAL INDIA LAW QUARTERLY [2000

and (iv) the modern period. The women, according to them, enjoyed a
high social status during vedic period. Though sexuality and virginity was
respected, their motherhood and married life was safeguarded. Crimes
against them were therefore not common. But things started changing in
Post-Vedic era where caste system grew stronger and society became
stratified. Though brahmins and kshatriyas were respected in this era for
their learning and valour, vaishyas and shudras were discriminated.
Shudra women were specially subjected to violence and their chastity
received low social rating. This discrimination became oppressive during
the third phase when law-givers uke Manu or Bnnaspati or YagyavalKa
allotted them a lower status than man, Women of shudras came to be
recognized as the property of their parents or husbands and were denied
equality even in the matter of succession. A good number of social
reformers blamed Manu for discrimination against women in our society.
They were happy that things were changing but felt sorry that changes
were not fast enouqh. They were however of the view that women would
continue to face violence as long as caste system does not break down.
They pleaded for strict enforcement of laws for this purpose.

10. Women social reformers pleaded for immediate abolition of existing

"son preference" rule of the Hindu society which not only discriminates
against women but is promoting foetal infanticide and otherwise affecting
the nutrition, basic health care and education of female children. Many of
them alleged gender discrimination by birth and wanted and State to
initiate strict action against those involved in it. They also wanted the
State to undertake wide publicity for educating the people that there was
no heaven outside this world and that "moksha" would not be achieved by
discriminating against females. "Son preference" prevalent in the Hindu
society was, according to these participants, the core, issue for
consideration.

11 . Female social workers participating in these seminars/workshops

also object to commercialization of women for no justification. They object
to using body and looks of a iernaie for pubiicity and that too for seiiing
products having not even remote connection with females. They say that
Print Media and TV are in for earning money even by promoting
immorality in the society and this should be stopped by legislating against
it. These participants have similar objections to movies which project half
nakec females for no jusnncanon. Movies, accorcmq to mem, are In me
main responsible for increasing sex crimes. They are indeed promoting
VoI.XIII] INCREASING CRIMES AGAINST WOMEN 25

valueless society and creating many social problems.

12. Participants in the debate, male and female, expressed more than
ordinary concern about increasing rapes and dowry deaths. All of them
are seemingly worried about poor conviction rate in such cases.
Acquittals in these cases were, according to them, due to faulty and
unfair investigation by the police and impossible standard of proof
demanded by law courts. They feel that if police performs its legal
functions honestly and sincerely and investigates these crimes promptly,
jairiy and with requisite sensitivity, conviction rate wouid go up and no
one involved in such offences would be spared. They also expect the law
courts to be realistic in their approach and a medium of social
reformation. Law, according to them, should be used as an instrument of
social englneenng intended to re-establish human rights In the society.
The Police response to rapes is that because of increasing awareness of
legal rights many more incidents are being reported now than ever before
which increases their number. I hey do not agree that rape as a crime is
on the increase in the society.

13. ::ioclal sciennsts and activists blame lack ot moral education as the
main reason of increase in rapes. They also suggest that with the dis-
integration of joint tamily system even the little chance ot developing a
moral code of conduct has disappeared resulting in crimes like rape. As
regards rape among tribals, they attribute its increase to faulty policy of
the state Government whereby every tribal victim ot rape in paid Hs.
25,0001- as compensation. They feel that lure of money prompts them to
lodge false complaints. They justify this conclusion by citing large scale
acquittals in such cases. It appears that Madhya Pradesh Mahila Ayog
also shares this feeling and has recommended to the State Government
to modify this policy. It is learnt that the State Government has since then
modified this policy and releases only a part of this money in the
beginning of the case. The balance money is paid to the victim only after
conviction. Police response to rape of tribal ladies is not different. They
plead for payment oniy if the cuiprit is convicted.

14. There is unanimity in condemning dowry deaths, which are

attributed to human greed for easy money. The fact that mother-in-laws
and sister-in-Iaws also share this greed is shocking to one and all. They
piead for tough attitude and severe sentence. Some even suggest that
acquittal in a dowry death case should be noted as incompetence of the
26 CENTRAL INDIA LAW QUARTERLY [2000

police investigating officer in his service record and taken into

consideration while considering him for future benefits including
promotion.

15. A good number in the community feels that dowry death is the
culmination of the process starting from demand of dowry before
marriage and torture for the purpose before dowry death and hence
efforts should be made to uncover the crime at the threshold. They feel
that non-governmental social service organizations should play an
important roie in this process and not oniy keep vigii on such crimes but
also prompt police to take action against culprits. Since it is urban and
elite-class crime, it would be useful to identify areas and take necessary
preventive measures. There are many feelinQ that MPHRC should take
the lead in this behalt.

16. Police response to dowry deaths is rather evasive. They claim to

be doing their best in the matter. I hey also claim that conviction rate is
tnoner in such crimes. Many retired police personnel feel that the police
acts under pressure and strain m sucn cases and as long as they are not
permitted to act without fear or favour, no improvement in the matter
should be expected.

17. Many social retormers suggest enactment ot a new law prDhibitlng

second marriage ot a person whose Wife had died within seven years ot
marriage. Such a second marriage should be made a cognizable crime
punishable with atleast 10 years of R.1. Many further suggest that children
born due to such illegal second marriage should be prevented trom
inheritance and getting State aid in any manner. Though this suggestion
may appear harsh and unjustified on humanitarian grounds, the law if
enacted may help changing the course of crime of dowry death.

18. Though people are also concerned about Child Prostitution and
Sexual Harassment at work place, they feel that with the passage of time,
education and affluence gained due to Government policies, these crimes
would disappear. They also feel that women of today have the courage
and capacity to fight against these evils though Social and Governmental
support would end them early. Police response to child prostitution in that
it is for the Government to issue requisite notification under the
Prevention of Immoral Traffic Act and the police would act only if such a
notification is issued. Since it has not been issued they plead
Vol.Xlllj INCREASING CRIMES AGAII\lST WOMEN 27

helplessness. They otherwise claim to be doing their best within the

frame-work of law.

19. People participating in this exercise generally feel that lack of moral
education is the main cause of increasing crimes against women and
plead for its introduction at the earliest. They seem to be feeling that
secularism as a constitutional creed is the biggest obstacle in giving
moral education to children with the result that they, with their growing
age, come to believe that women are only a sex object. This belief,
according to them, breeds sexuai deiinquency which causes crimes
against women. That moral education is basic to a virtuous life, cannot be
disputed. If morality, as enshrined in the constitution and several laws is
forced upon people toqether with the moral education to school ooing
Children, the future may be much more happier than the present. I here
are however many feeling that morality divorced from religion may not be
acceptable to Indians.

20. I he vision about dowry deaths appears to be that they originate in

economic necessity and moral degradation and hence any effective
strateqv aoamst them must take these factors into consideration.
Economic necessity is also in its largest perspective, the result of moral
degradation and may be improved with moral education. In other cases, it
should be accepted that it is based on personal incompetence of the
accused and should be severely condemned and punished.

(8) Law Men's View

21. Advocates, law teachers and students blame poor and unscientific
investigation of crimes by the police for this increasing trend and submit
that criminals are no longer afraid of prosecution. It is the common view
that not only loyalty of the investigating officers but also of the witnesses
can be purchased by offenders and hence possibility of their being
punished is minimal. They even blame medical-men for writing false or
incomplete medical reports or post-morterm reports and thereby
benefiting the offenders. This is more so in rape case where statement of
prosecutrix is required, by law, to be corroborated by medical evidence.
They are therefore of the view that unless we adopt scientific methods of
crime investigation, it would be difficult to arrest this trend.

22. Law teachers and students also blame court procedure and delays
for this trend. According to them Judges trying rape cases are insensitive
28 CENTRAL INDIA LAW QUARTERLY [2000

and freely permit cross-examination of prosecutrix in a manner as to not

only harass her but also outrage her modesty. They are of the view that it
may be profitable to require women judges to try rape cases. As long as it
may not be possible male judges should be given special training to
handie cases reiating to women. They should be, in panicuiar, made iirtie
more sensitive to the cause and little more respectful to women. The
JUdges, according to these speakers should be forward looking and
should hold sociological view of the criminal process and law.

23. International Law teachers emphasize the importance of

International Human Right Law, more particularly the UN Convention on
the Elimination of All Forms of Discrimination Against Women and plead
for action as recommended bv the Fourth World Conference on Women,
Held at Beijing (China) on 4-15 September 1995. They draw attention to
the admitted tact that in the U~, a woman is physically assaulted every
eight seconds and one is raped every six minutes, which sufficiently
proves that violence aqainst women is international and not limited to
India or Madhya Pradesh alone. They are not happy with the lukewarm
attitude of the Government in not effectively implementing this
Convention. They therefore recommended that the international
community should bring pressure on the government to adopt and
implement the Action Plan recommended by the Beijing Conference,
without any further delay.

The Judge's View

24. The Judges participating in these seminars/workshops were

positive in their approach and felt that if investigation of crimes against
women was little improved, better results would be achieved. They were
positive that law is neutral and has no gender-bias and hence men and
women, both, will have to be judged similarly. They were of the view that
the Supreme Court has already given guidelines to handle trial of
offences relating to women and those guidelines are strictly followed.
These guidelines indicate that courts treat such crimes differently than
crimes against property or the like. They suggest that it should be the
endeavor.of the Investigation Officer to cite honest and truthful witnesses
who have actually seen the incident and avoid citing talse witnesses. .

25. Judges were somewhat critical of medical evidence in rape, sexual

harassment and violence cases and suggested that Doctors should
honestly write their reports and support the same in the courts. They felt
VoI.XIII] INCREASING CRIMES AGAINST WOMEN 29

that most of the medical reports lack objective material and express
opinion without any basis. This should be avoided. They felt that honest
and proper medical report would help them to do justice in the case.

26. A'6 r~YGUlb Li~ii:1Y ill l,.;UlIllJi~iiIlY lrii:1i o] l,.;Cl'6~S, ihe Judy~'6 blame
prosecution. Much of the delay is due to non-availability of witnesses
including the Investigation Officer. Though the Judges try to expedite
trials, they would do better if police authorities and public prosecutors
produce witnesses without delay.

27. As regards acquittals the Judges request the prosecutors to be

better prepared for the case. The Public prosecutors, according to them,
do not take their assignments seriously and hence the final result suffers.
The Judges do not however, feel that they owe a duty to convict every on
brought to the coun for trial, Corrupt witnesses and iii-prepared
prosecution is, in the main, responsible for increasing acquittals. They
theretore request parties to a prosecution to consider their role and
discharge their obligations honestly and sincerely. Ihey trankly submit
that an accused can be convicted and sentenced only it 'proved' gUilty
and not otherwise.

The Appreciation

28. That increasing crimes against women is a curse for all including
the society cannot be denied. rnat morality is the basic requirement ot a
civilized living is also beyond controversy. It is however not· easy to
accept that secularism as a constitutional creed is responsible tor this
moral degradation. Art. 25 of the Constitutional creed is the bed-rock of
secularism and is based on the belief that all religions are equally good
and efficacious pathways to perfection of God-realization.1 In its positive
sense, it is the cornerstone ot an egalitarian and torward-Iooking society,
which the Constitution seeks to establish.2 Though secularism is not
defined in the Constitution, the Supreme Court has, from time to time,
explained it in several contexts. In S.R. Sommai Case3 Justice Jeevan
Reddy held it to be "more than a passive attitude to religious tolerance". It
is, according to him, a positive concept of equal treatment of all religions.

1. Valsamma Paul V. Cochin University, AIR 1996 SC 1010 at para 25.

2. Ibid.
3. AIR 1994 SC 1918.
30 CENTRAL INDIA LAW QUARTERLY [2000

In Ayodhya Ram Mandir Land Acquisition case? it was held to be a ''facet

of right of equality women as the central golden thread in the fabric
depicting pattern of the scheme of our constitution". It is somewhat
unfortunate that this positive content of secularism has not been
understood properly and has been equated with "religious neutrality" or
hands-off attitude by the State. But for this mis-interpretation, the
constitution can not be blamed. The secularism, as contained in the
Constitution, does not prevent moral education to children in schools. It
only requires a positive and balanced approach in the matter. ttteachers
develop a balanced curriculum of moral education incorporating best of
teachings of all religions, the courts and constitution experts would not
find fault with it. The wisdom may therefore require developing a new
syllabus rather than blame secularism.

29. MPHRC has recently pleaded for adoption of U.N. conventions and
standards as basis for moral education in the State and hopes that the
same would be accepted and implemented trom the next academic
session. U.N. Charter, Universal Declaration on Human Rights, 1948,
International Covenant on Civil and Political Rights, 1966 and the
Convention Against Torture, 1984 emphasize equality and outlaw
discrimination based on sex. They also emphasize that "Family is the
natural and fundamental group unit of society and is entitled to protection
by the Society and the State". Art. 16 of the Universal Declaration
recognizes that women have, without limitation due to race, nationality or
religion, the right to marry and to found the family. All these instruments
impose upon member States the obligation to protect and promote human
rights. Human Right are those inalienable rights, which a human being is
entitled to have by virtue of his being born in the society. Human Rights
education is thus the most valuable moral education that can be given to
children. It is not only secular but also basic and universal and aims at
promoting a civilized society. One may therefore hope that teaching of
these documents and their important in-puts would itself amount to
imparting moral education and serve the long-term need of the society.

30. Since whole purpose of moral education is to develop cultural

attitude in men and women and train them in healthy personal and social
relationship with one another, it may be in wider national interest to effect
cultural revival in the country. Cultural resurrection, according to the

4. M. Ismail FaruSlui V. Union of India, AIR 1995 SC 605, Para 40.

Vol.XIII] INCREASING CRIMES AGAINST WOMEN 31

sociologists, would strengthen emotional bonds between members of the

society and forge healthy personal and social relationship between them.
Emotional attachment with on another, they say, is a necessary part of
our culture and hence personal and social relationship would
automatically grow with cultural resurrection. A healthy personal
relatio,:"ship between opposite sexes would result in peace and prosperity
and reduce crimes in general and against women in particular. Since
mothers have, in the past, been in the centre of family life and living and
have made their own contribution to cultured and value-based living, it
may be necessary to revive their, this particular role by conferring upon
them the necessary social status and providing them the opportunity to
do the needful. Establishment of MOTHER'S CLUB in schools and
colleges is, therefore suggested to provide mothers the opportunity to
interact With parents-to-be and thereby educate them in the art of
maintaining healthy cultural personal and social relationship at a
particular level of excellence. This sociologists believe, would
automatically lead to cultural resurrection and would be the best moral
education in itself. They even plead for opening of such clubs in different
localities in cities and villages and achieve the objective speedily. If the
concept of MOTHER'S CLUB as an agency or instrumentality of our
cultural revival is accepted, their constitution, curriculum and agenda may
be worked out after due deliberation. Since there can be no doubt about
the importance of the mother in our society, the proposal deserves.
serious study and acceptance.

Police's Contribution

31. Police in Madhya Pradesh, as the day passes, is seen more as "a
group of lawless personnel" rather than protector of poor and
downtrodden. Some recent incidents in which police is viewed as
'Torturer' has added to their this public image and should cause concern.
Incident of 25th September 1999 at Khandwa where it is alleged to have
brutally assaulted a local MLA has kept the State Legislative Assembly in
turmoil for nearly a week and eventually led to suspension of SP and
about 11 others. Yet another incident involving a local MLA, who is
alleged to have suffered serious bodily injuries in the hands of police and
in the presence of SP Jabalpur on 6th November 1999 also created
somewhat similar situation in the Assembly. The MPHRC has been
receiving large number of complaints against police in the State and has
found many of them, on investigation, true. The MPHRC has, on occasion
more than one, informed the high-ups in the poiice .ad.ministration. that
32 CENTRAL INDIA LAW QUARTERLY [2000

they should follow the law and be true to it rather than consider
themselves the messiah of Justice. The MPHRC has noted that police
management in the State suffers from the following defects viz.,

(i) They, contrary to law and decisions of the Supreme Court and High
Court, detain persons in police stations without arresting them,
under the garb of interrogation,

(ii) They normally do not write FIR and whenever they record, they do
so either under pressure or temptation,

0;;) Crimes are not investigated honestly and without delay. Political
pressure plays an important role in this process;

(iv) Prosecutions are either false or faulty causing harassment to the

victim and loss of precious judicial time; and

(v) Torture is the only method known to the police for obtaining
information from persons in custody and the same is widely used.

The MPHRC while cataloguing the aforesaid has also commented

adversely on the knowledge of law of police officials and personnel. They
usuallv cite a press interview (:Jiven bv SP Morena, on the subiect of Child
Prostitution, wherein the SP is alleged to have stated that he was aware
that young girls were sold for prostitution, but was not able to do anything
as they were not used for prostitution in the Districts. If this be true, it is
possible to hold that the SP has not read the Indian Penal Code. If he had
even casually read it, he would not have missed section 372 and 373 IPC
subordinates to take action against persons selling or purchasing girls for
prostitution. In yet another case in Sheopuri District, the MPHRC on
enquiry, found that minor girls were sold in public auction held under
police protection, which was purchased for a sum of Rs. One lac per girl.
Though the MPHRC has recommended action against the Police
Inspector concerned. nothing whatsoever has been done by the State
Government6 • It is therefore possible to hold that even the knowledge of
law of police officials and inspectors needs improvement in public
interest.

32. As regards detention of innocent persons in police stations, the

5. Oaily ~8hara, New OeIhi, dt. 27.09.1999.

6. t-ree Press, at. ~!Wf.'999.
VoI.XIII] INCREASING CRIMES AGAINST WOMEN 33

practice appears to be popular throughout the country and has been

noticed by the Supreme Court in D.K. Basu's case". While noting the
painful practice, the Supreme Court observed as under :-

"Experience show that worst violations of human rights

take place during the course of investigation, when the
police with a view to secure evidence or confession often
resorts to third-degree methods including torture and
adopts techniques of screening arrests by either not
recording the arrest of describing the deprivation of
liberty merely as a prolonged interrogation. (Para 18)."

The court further observed :-

"Instances have come to our notice where the police has

arrested a person without warrant in connection with the
investigation of an offence, without recording the arrest
and the arrested person has been subjected to torture to
extract information from him for the purpose of further
investigation or for' recovery of case property or for
extracting confession etc. The torture and injury caused
on the body of the arrested has sometimes resulted in
his death. (para 24)."

Even otherwise, there is no provision in the Code of Criminal Procedure.

1973 empowering the police to detain person as aforesaid. Section 41
Cr.P.C. details circumstances under which a police officer could arrest a
person suspected of a crime but does not permit detention or false arrest
of a person for interrogation. Section 160 Cr.P.C empowers the
Investigation Officer to require attendance of a witness. which power can
not be used to justify his detention. Even under this provision. an
Investigating Officer has no power or authority to call a female or 8 male
person under 15 years of age, to the police station for interrogation.
Detentions for interrogation at the police station are thus prima facie
illegal and should not be resorted to. If they take place inspite of this law,
something more serious is required to be done.

33. But it is not easy to charge the police with illegality in the present
context. Most of the persons so called and kept under detention are poor,
illiterate and without any political support and therefore easy victims of
police excesses. It and when the police are required to explain their

7. AIR 1997 se 605 (1997) 1 see 416. Para 18.

34 CENTRAL INDIA LAW QUARTERLY [2000

authority, they cite section 151 Cr.P.C. Which comes handy in their
support. The MPHRC has taken a stand against this provision and has
requested prevention of its mis-use. The police headquarter at Bhopal
has only to please the MPHRC, issued a circular requiring the police
personnel to stop mis-use of this law. Inspite of it, its mis-use continues
on a large scale and deserves little more serious action.

34. Considering the context of increasing crime against women in the

State, it is necessary to re-consider either deleting or otherwise providing
satequards against mis-use ot sections 4i and i5i Cr.P.C. The Supreme
Court decision in O.K. BASU's CASE should provide the opportunity to
undertake such a review.

35. There are many opposed to such a review, though their number is
fortunately very limited. They believe that the police is engaged in the
delicate task of maintaining law and order and is required to deal with
hard-core criminals and terrorists. Thev can not therefore be expected to
be lenient and soft. .these arguments are not new and have been
advanced from the very beginning of our Hepublic establishment of police
administration. They have never been accepted as sufficient for violating
legal provisions. That is why the world have gradually moved away from
police lawlessness and advocated establishment of 'rule of law' as
against the police Raj. The Supreme Court has also made this declaration
long back in 1983 in the case of Ramashankar Raghubanshi8 by
observing that "India is not a police state. India is a democratic republic."
To hold otherwise, according to the Supreme Court, would be to
introduce 'McCarthysism' into India. McCorthysism is obnoxious to the
whole philosophy of our Constitution. It may therefore be too late to argue
as aforesaid and undermine the rule of law.

36. Poiice officiais participating in these seminars seriousiy rerute

these allegations and claim that they are very sensitive to crimes against
women. They also claim that be establishing 12 Women Police Stations
or Mahila Thanas all over the State, they have provided special facility to
women victims. Suct}.victims can, they claim, approach the woman police
inspector posted in these police stations and narrate their grievances
without hesitation. They also claim that all facilities are afforded to a

8. AIR 1983 SC 374.

VoJ.XIII] •
INCREASING CRIMES AGAINST WOMEN 35

female victim of crime in these Thanas and hence the charge that police
is insensitive to woman's cause is without any basis. That these Thanas
were opened with a view to provide special facilities to female victims, is
beyond doubt. It is however difficult to accept that women victims are
being granted any special facility either in or through these Thanas.
These experience is that the Woman Police Inspector posted in these
Thanas try to over-reach their male counterparts and in this process,
cause more harm to the cause of women. One usual complaint against
these woman police inspectors is that they abuse more filthily and even
physically assault woman victims. Even otherwise the very concept ot
such thanas is ill conceived. Almost all crimes against women are
committed by males and a female Police Inspector does not find herself
as strong against such criminals as their male counterparts. Since the
State has enough experience of the working of these Thanas, there is
need tor proper assessment of their utility. Perhaps posting a temale
police inspector in a police station to handle complaints of female victims
may be a better strategy.

37. Police administration further claim that they have properly

displayed their sensitivity in relation to women by establishing and
supporting FAMILY ADVISORY CENTRES or Parivar Paramarsh
Kendras all over the State where disputes in the family, causing physical
and mental torture to women are settled with the help and guidance of
women activists and social workers and their organizations. They claim
that these centres have been successful and have saved many a
families. There is little doubt that these centres have been useful in
setting many family disputes and problems. It is however. claimed that
such settlements do not come within the legal obligation of the police nor
can they be accepted as a justification for not investigation crimes in
accordance with law. It is generally felt that persuasive settlement of
famiiy probiems and disputes shouid be best ien to women activists,
social workers and their organizations and they may even be supported
by police in this endeavor. But the police cannot assume crime-settlement
function, which must be left to criminal courts. Inspite of it, it deserves to
be accepted that police has, to a great extent. salvaged its public image .
by supporting this institution and their continued support alone may
ensure success of these kendras. For this purpose, it may be necessary
to project them as an activity of non-governmental organizations.rather
than of the police and thereby make attempt to fit them in our legal
framework.
36 CENTRAL INDIA LAW QUARTERLY [2000

Large Scale Aquittalas

38. That convictions in women related crimes are abnormally low can
not be denied. Sociologists and Police Officials attribute it to insensitive
judiciary and highly technical view of evidence taken by them. The
judiciary does not accept these charges and says that they act under the
law laid down by the Supreme Court in the matter. As regards the
Supreme Court, it is appears to be favouring a liberal and realistic
approach in the matter. In Chandraprakash Kewalchand Jain's case'', the
Supreme Court while dealing with a case of rape, had observed as
under:-

"The courts must, while evaluating evidence remain alive

to the fact that in a case of rape, no self-respecting
woman would come forward in a court just to make a
humiliating statement against her honour such as it
involved in the commission of rape on her. In cases
involVing sexual molestation supposed considerations
which have no material effect on the veracity of the
prosecution case or even discrepancies in the statement
of the prosecutrix should not, unless the discrepancies
are such while are ot tatal nature, be allowed to throw out
an otherwise reliable prosecution case. The inherent
bashfulness of the females and the tendency to conceal
outrage of sexual aggression are factors. which the
courts should not overlook. The testimony of the victim in
such cases is vital and unless there are compelling
reasons which necessitate looking for corroboration of
her statement, the courts should find no difficulty to act
on the testimony of a victim of sexual assault alone to
convict an accused where her testimony inspires
confidence and is found to be reliable. Seeking
corroboration of her statement before relying upon the
same, as a rule, in such cases amounts to adding insult
to injury.

The Supreme Court had, in this very case, laid down that "a prosecutrix of
a sex offence cannot be put on a par with an accomplice. She is in fact
the victim of the crime". The Court has recently affirmed this law in State
of H.P. V. Lekh Raj10 (2000) 1 SCC 247. There should therefore be no
difficulty in holding that the law does put any onerous burden of proof on

9. 1990 1 sec 550.

1U. zooo 1 sec :.14/.
Vol.XlIl] INCREASING CRIMES AGAINST WOMEN 37

the prosecution in such cases but attaches more than ordinary

importance to the statement of prosecutrix. The charge that the judiciary
is insensitive to the sufferings of the women has therefore no factual
basis.

39. If there was any doubt about the sensitivity of law courts in such
cases, the same should be clear from a more recent judgement of the
Supreme Court in State lof Pubjab v. Gurmit Singh,11 wherein the Court
made the following observations :-

"21 of late crime against women in general and rape in

particular is on the increase. It is an irony that while we
are celebrating women's rights in all spheres, we show
little or no concern for her honour. It is a sad reflection on
the attitude of indifference of the society towards the
violation of human dignity of the victims of sex crimes.
We must remember that a rapist not only violates the
victim's privacy and personal integrity, but inevitably
causes serious physchological as well as physical harm
in the process. Rape is not merely a physical assault, it is
often destructive of whole personality of the victim. A
murderer destroys the physical body of his victim, a
rapist degrades the very soul of the helpless female. Thp
Courts should examine the broader probabilities of a
case and not get swayed by minor contradictions or
insignificant discrepancies in the statement of the
prosecutrix, which are not of fatal nature, to throw out an
otherwise reliable prosecution case."

Even this law has been affirmed by the Supreme Court in Lekhraj's case
and must therefore be taken to be the settled law of the law. In the
context of this law, the charge that judiciary is insensitive or it requires
more than ordinary standard of proof in such cases cannot be accepted.

40. In Lekh Raj's Case the Supreme Court felt that the High Court has
adopted a technical approach in dealing with the appeal of the accused
person who was convicted by the trial court, and observed as under:-

"A criminal trial cannot be equated with a mock scene

from a stunt film. The legal trial is conducted to ascertain
the guilt or innocence of the accused arraigned. In
arnvmo at a conclusion about the truth, the courts are

11. 19962SCC384.
38 CENTRAL INDIA LAW QUARTERLY [2000

required to adopt a rational approach and judge the

evidence by its intrinsic worth and the animus of the
witness. The hyper-technicalities or figment of
imagination should not be allowed to divest the court of
its responsibility of sifting and weighing the evidence to
arrive at the conclusion regarding the existence or
otherwise of a particular circumstance keeping in view
the peculiar facts of the case, the social position on the
victim and the accused and the larger interests of the
society particularly the law and order problem and
degrading values of life inherent in the present system.
The realities of life have to be kept in mind while
appreciating the evidence for arriving the truth. The
courts are not obliged to make efforts either to give
latitude to the prosecution or loosely construe the law in
favour of the accused. The traditional dogmatic
hypertechnical approach has to be replaced by a rational,
realistic and genuine approach for administering justice
in a criminal trial. Criminal Jurisprudence cannot be
considered to be a utopian though but have to be
considered as part and parcel of human civilization and
the realities of life, the courts cannot ignore the erosion of
values in life which are a common feature of the present
system. Such erosions can not be given a bonus in
favour of those who are guilty of polluting society and
mankind. (para-10).

This being the latest pronouncement of the Appex Court dated 2nd
November 1999, should send healthy signals in the society that the
courts are concerned about crimes against women. We must therefore
search elsewhere to find reasons of large scale acquittals in cases
relatingto crimes against women.

41. Search for the real cause would necessarily lead one to consider
the view point of judged participating in these seminars/workshops. They
have suggested qualitative improvement in crime investigation and well
prepared prosecution in such cases. As regards investigation, they
suggest prompt recorditlg of FIR and sending a copy thereof to the
Magistrate. They would be happy if witnesses support their case diary
statement and prosecutors are little more prepared with the facts of the
case and law on the subject. The Code of Criminal Procedure prescribes
a detailed procedure for investigation of crimes and prosecution of a
criminal case in a court of law. If police officials could read and
understand these provisions, they would succeed in their efforts and
secure conviction of culprits. They should remember that it is their
Vol.XIII] INCREASING CRIMES AGAINST WOMEN 39

obligation to enforce law and hence they cannot afford to ignore these
provisions. The submission that witnesses do not support the prosecution
in the court because they are won over by the accused may be true in
some cases. It is however difficult to believe that all witnesses are liable
to be won over. The experience shows that honest witnesses do not
change even in a court of law. It may therefore be useful to depend on
honest and truthful witnesses and not on stock or police favourites. Be
that as it may, it is the legal obligation of the police to follow law while
investigation a reported crime and they must obey this command
seriously and sincerely.

Developing Strategies
In the context of above views and vision, it is clear that is no short
cut to the challenge of violence against women. Almost every one in the
society including the Police and courts, have their own role to play. These
seminars/workshops have helped creating awareness not only about the
problem but also the role that various organs of the society and the State
are required to play. Though no one in cities and towns talked of
international human rights law in this behalf, every one is hoping that the
said law would not only help understanding various international efforts
but also secure international cooperation in meeting the challenge.
Securing participation of international agencies and bodies would be
helpful in constantly reminding the State and its agencies and
instrumentalities of their obligations in this behalf and secure relief early.
It is therefore necessary to constantly remind ourselves of (i) Convention
for the Suppression of the Traffic in Persons and of the Exploitation of the
Prostitution of Others, 1949, (ii) Convention on the Elimination of all
Forms of Discrimination Against Women, 1979, and (iii) The Convention
of the Rights of the Child 1989, and insist upon implementation of all
important parts thereof in letters and spirit. It may also be proper to study
and evaluate our laws in the context of these Conventions and secure
their benefits to women of the same as women of other countries have
secured for themselves. Internationalization of violence against women is
therefore called for and Human Rights Commissions including the
MPHRC and non-governmental-organizations should make their
contributions in this behalf.

In this connection ACTION PLAN adopted at the Fourth World

Conference of Women, held on 4-12 September 1995 at Beijing (China)
deserves notice. It is rather surprising that though some ladies from M.P.
had attended this Conference, none of them spoke about its
recommendations. This Conference had identified 12 Critical areas of
Concern including Violence and Human Rights and suggested action to
40 CENTRAL INDIA LAW QUARTERLY [200(,

be taken by Governments and others including NGO's. As regards

violence. the Conference reqrettuhv noticed that in the US a woman is
physically abused every eight seconds and one is raped every six
minutes, and in India, five women are burned in dowry related disputes
every day. The Conference therefore recommended that Governments
condemn violence against women and adopted measures to modify the
social and cultural patterns of men and women, besides providing relief
support lor victims ol violence. As r~ycuus human riyilis ol women, iil~
Conference recommends that Governments ratify the Convention on the
Elimination of All Forms of Discrimination Against Women and create or
strengthen national institutions for protecting women's human rights.
Though the Government of India has ratified this Convention in 1993, not
much seems to have been done in relation to other recommendations of
this Conference. This should provide the opportunity to NGO's working
for women in this State to become active and demand implementation of
other recommendations also.

It is important to note that Beijing Conference has recommended

modification of social and cultural patterns of men and women with a view
to provide relief to women from violence. Sociologists and social
reformers participating in seminars have also recommended changes :"
social pattern and revival of value-based living and has, for this purpose,
suggested formation of Mothers Clubs in educational institutions and
various localities in the society to provide a platform to educate the new
generation in the art of value based living by interacting with already
liberated and empowered women. The concept can be developed further
to become an instrument of educating the new generation in securing
necessary social changes.

But no Action Plan would succeed without the help of police and
law enforcement agencies. It should be accepted that fear of punishment
is perhaps the best deterrent to crimes against women. For this purpose.
conviction of the culprit has to be assured by truthful investigation and
sincere prosecution. The same advice of Justice Venkatachaliah that
'surety of punishment and the severity of punishment' is the need of the
day therefore deserves acceptance.
Recommendations

In the context of above, it may be useful to make the following

recommendations to secure safety of women against violence, vtz-

(a) Empowerment of women should be the basis of State Policy. which

should be honestly and sincerely implemented; Empowerment
Vol.XIIl] INCREASING CRIMES AGAINST WOMEN 41

should mean not only Political empowerment but should include

economic and social empowerment as well,

(b) Moral education is the need of the day and hence it should be
vigorously promoted. NGO's should reconsider their role in this
behalf and assume the responsibility of cultural revival;

(c) Possibilitv of ouenine Mother's Clubs in colleaes and schools and

other localities should be considered. Their role in relation to
cultural revival and promoted value-based living should be
emphasized.

(d) Commercialization women should be stream-lined so as to avoid ill

effects thereof. Cooperations of TV and print media should be
considered important and they be requested to reassess their role
in this behalf;

(e) Police must act as an active and informed law enforcement agency
devoting little more attention to problems of women;

(f) Role of Mahila Thanas in affording protection to women against

crimes deserves to be assessed. It requires consideration if
posting a women Inspector in a police station would be a between
strategy;

(g) There is need for the judiciary to sensitize itself in relation to crimes
against women; guidelines given by the Supreme Court for
handing trail of cases against or in relation to women, deserve to
be followed little more seriously;

(h) It deserves consideration if crimes against women should be tried

by women judges or male judges handing such cases be given
special training for the purpose.

(i) Possibility of appointing senior and sincere prosecutors in cases

relating to crime against women should also be explored so that no
culprit should go unpunished.

It deserves to be accepted that the strategy aforesaid is aimed at

prOViding protection to women so that they also share benefits and
discharge their lawful obligations. But this cannot be thrust upon them.
I hey have to first try their own empowerment and the strategy aforesaid
would remove obstacles. if any in this process. They should therefore
learn to enjoy their rights and freedom without giving any cause or
provocation. They should therefore become the messengers of cultural
life a~d living.