AIFW demands CBI probe into custodial rape
Members of the All India Forgotten Women, an NGO, have demanded that the UPA Government order a CBI probe into the alleged gang rape of an elderly woman in police custody in Bhopal.
AN ELDERLY woman accused in a dowry case, was allegedly gang raped in police custody in Jamwada village, Betul District, Bhopal, Madhya Pradesh. This incident came to light through an article published in a leading English daily last week.
The above-mentioned case of rape of an accused in police custody, highlights the serious flaws in law enforcement in the country and also the horrific human rights violations perpetrated in the name of law enforcement. Members of the All India Forgotten Women (a registered non-governmental organisation), have demanded that the UPA Government order a CBI probe into the above-mentioned rape case and ensure speedy justice to the victim.
The AIFW has, in addition, highlighted the reasons why they believe such atrocities are happening, so that proper measures are taken to prevent their recurrence:
1) The third report of the National Police Commission mentions that power of arrest was one of the chief avenues for corruption in the police force, and that nearly 60 per cent of arrests were either unnecessary or unjustified.
2) In the last four years alone, the UPA regime witnessed more than 1,23,497 women being arrested and most of them being jailed under Section 498A of the Indian Penal Codde (IPC), without evidence or investigation.
3) Statistics published by the National Crime Records Bureau in 2007, show that an overwhelming 94 per cent of individuals arrested under Section 498A of IPC, were found not guilty.
The arrest of such large numbers of innocent citizens was possible only because of the unbridled powers granted to the police in India. The AIFW says tha the previous UPA Government has to take responsibility for the arrest of thousands of innocent citizens, in addition to the above case of gang rape of an elderly woman in police custody. It is a shame that despite approval of the Code of Criminal Procedure (CrPC) Amendment Bill of 2008 by the President of India, the UPA Government has failed to notify the amendments, which have resulted in the continued harassment of ordinary citizens by the police.
As per the amended Section 41 of the CrPC, the Investigating Officer would have had to issue a notice of appearance to the accused, and obtain the permission of the concerned magistrate to arrest her, if necessary. This provision imposes more accountability on the police while arresting the accused, and prevents the police from misusing their powers of arrest. Such a provision would have proved highly beneficial in the above-mentioned dowry case against an elderly woman.
The amended CrPC Bill of 2008 also requires speedy delivery of justice in rape cases, while providing utmost protection to the victim and ensuring confidentiality of sensitive information during the case proceedings. In light of the above facts, members of the AIFW have demanded that the UPA Government notify The Code of Criminal Procedure (Amendment) Bill, 2008 in the Gazette of India, and ensure that its provisions are strictly implemented without further delay.
The AIFW has, in addition, highlighted the reasons why they believe such atrocities are happening, so that proper measures are taken to prevent their recurrence:
1) The third report of the National Police Commission mentions that power of arrest was one of the chief avenues for corruption in the police force, and that nearly 60 per cent of arrests were either unnecessary or unjustified.
2) In the last four years alone, the UPA regime witnessed more than 1,23,497 women being arrested and most of them being jailed under Section 498A of the Indian Penal Codde (IPC), without evidence or investigation.
3) Statistics published by the National Crime Records Bureau in 2007, show that an overwhelming 94 per cent of individuals arrested under Section 498A of IPC, were found not guilty.
The arrest of such large numbers of innocent citizens was possible only because of the unbridled powers granted to the police in India. The AIFW says tha the previous UPA Government has to take responsibility for the arrest of thousands of innocent citizens, in addition to the above case of gang rape of an elderly woman in police custody. It is a shame that despite approval of the Code of Criminal Procedure (CrPC) Amendment Bill of 2008 by the President of India, the UPA Government has failed to notify the amendments, which have resulted in the continued harassment of ordinary citizens by the police.
As per the amended Section 41 of the CrPC, the Investigating Officer would have had to issue a notice of appearance to the accused, and obtain the permission of the concerned magistrate to arrest her, if necessary. This provision imposes more accountability on the police while arresting the accused, and prevents the police from misusing their powers of arrest. Such a provision would have proved highly beneficial in the above-mentioned dowry case against an elderly woman.
The amended CrPC Bill of 2008 also requires speedy delivery of justice in rape cases, while providing utmost protection to the victim and ensuring confidentiality of sensitive information during the case proceedings. In light of the above facts, members of the AIFW have demanded that the UPA Government notify The Code of Criminal Procedure (Amendment) Bill, 2008 in the Gazette of India, and ensure that its provisions are strictly implemented without further delay.
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Thank you for highlighting this serious crime. The deafening silence of NCW, CSR and all other sundry feminist orgranizations and that of National Human Rights Comission, is mind boggling to say the least. The hypocrisy of Indian feminists is evident from any lack of reaction to this outrage.
Hopefully the perpetrators would be soon brought to justice. Otherwise, it would be recorded in history as one of the most egregious cases of injustice.
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