Maharashtra Police Not Serious About Probing Crimes Against Women & Children, Where Should Hapless Victims Go? Bombay High Court Remarks

If police in Maharashtra are going to be insensitive towards women and show their 'lackadaisical' attitude in investigating crimes against women and children, where should the poor, hapless women go? the Bombay High Court orally remarked on Wednesday while criticising the 'shoddy' probes in numerous cases pertaining to crimes against women.

A division bench of Justices Ajay Gadkari and Dr Neela Gokhale expressed anguish over the manner in which crimes against women and children were being probed with no sensitivity and seriousness, which benefits the accused, who gets an acquittal due to the improper investigations on the part of the police. 

"Every day we are coming at least 3 to 5 cases where investigation is not done properly.... We can consider that if out of 100 cases such state of affairs (improper probe) are in take 5 cases. But if out of 100 cases we see improper investigation in 80 then nothing is fine... Then we need to revamp the entire system then...You please tell us where the poor, hapless woman should go then? She's a victim if this is the State of affairs, where should the women go?" a visibly concerned Justice Gokhale told Advocate General Birendra Saraf.

To this, Saraf, who was summoned by the judges to 'urgently' appear before them, said that the higher officers in the force are trying to salvage the situation. "Whatever has happened in some cases have happened, the higher officers cannot turn the clock back. But I can assure the court that proper steps will be taken now and mistakes will be rectified," Saraf submitted.

However, unimpressed with the submission, Justice Gokhale remarked, "Mr AG, your entire system needs a shaking...There is a systematic collapse. Maharashtra is supposed to be the most progressive and safest place for girls when compared to other States." 

Background

These oral observations were made while hearing at least five petitions, wherein the bench has found a shoddy probe in crimes against women.

Two matters pertained to section 354 (outraging modesty of woman), wherein the police (one case was registered in Mumbai and the other in Pune) did not seize the clothes of the complainant women in these two cases despite a clear allegation that their clothes were torn by the accused to disrobe them. The police justified its decision of not seizing the torn clothes stating that the victims did not bring 'spare clothes' to change.

One case pertained to the harassment and stalking of a medical student, by her ex-boyfriend, who even uploaded her objectionable photos on social media platforms.

The bench noted that the accused continued to harass the girl even 12 days after she filed a complaint with the Mumbai Police and even continued to upload the objectionable photos.

The bench added that the photos were pulled down from the social media handles only after 19 days of filing the petition by the victim in the HC. The victim, the judges noted was so traumatised that she has not stepped out of her house to date fearing some aggravated offence, the accused might commit since the police have failed to trace him and he continues to abscond. 

In one more matter, the bench noted that a man had filed a plea for quashing a 498A case on the ground of mutual settlement. The judges noted that since lodging of the FIR against the man, he has not joined the investigation citing his job in Dublin, Ireland.

The bench wondered how the police could file a chargesheet in the case, with the main accused not joining the probe. It also noted that in the last 10 months of the probe, the police did not make a single effort to arrest the accused or secure his presence.

Pursuant to the bench's earlier orders, Vivek Phansalkar, the Commissioner of Police, Mumbai had filed an affidavit in one of the cases pertaining to the probe in the section 354 complaint, where clothes were not seized. The top cop had told the bench that the Mumbai Police was taking every offence seriously especially the crimes against women and children.

In one of the cases, Iqbal Chahal, the Additional Chief Secretary, Home Department, State of Maharashtra, filed his affidavit and informed the bench that the State would be 'revising its Standard Operating Procedure (SOP)' for probing crimes against women and children.

Taking exception to the affidavit of the Additional Chief Secretary, Justice Gadkari said, "We brought the issue before the highest executive of the State...not a single issue is addressed in his (Chahal's) affidavit... What they are going to do in the future is not what we are concerned with at present. We are on the lapses and serious lapses in some cases....We are not concerned you suspend him or give him some gallantry award but the evidence has gone and it will benefit the accused."

Weighing in, Justice Gokhale added, "Either it is neglect or lack of integrity... The senior officers give the case for investigation to the constables... So either the officer doesn't wants to do his job or just wants help the accused...From top to bottom (Higher officers to Constable level) sensitisation is needed... State isn't serious enough... Can we take that State isn't serious about the issue at all."

The bench explained to AG Saraf, assisted by Public Prosecutor Hiten Venegavkar and Additional Public Prosecutor Ashish Satpute that the first interface of a citizen in distress is with the police and if the police show insensitivity or incompetence, then the citizens won't be able to go anywhere to report their grievances. 

"In future what will you do God knows but what happens to these cases? The prosecution fails. The police has filed chargesheet without proper evidence which will in the end of the day benefit the accused and you can see most of them have come to get the FIR quashed. So a clean acquittal they get because of the police," Justice Gadkari observed.

The State counsels led by AG Saraf, however, assured the bench that the State would rectify the mistakes to the best of its ability. The AG also said that he would be informing about these issues to the Director General of Police (DGP) and the Secretary of the Home Department to take all possible steps to correct the wrongs. 

In the second session of the hearing, the accused in both the matters of section 354 cases, withdrew their pleas.

In the case of the medical student's harassment, the police said it would provide security to the girl so that she could step out of her house and appear for the exams. Further, in the section 498A case, the police sought time to secure the accused's presence.