ANSWER
MINISTER OF WOMEN AND CHILD DEVELOPMENT
(SHRIMATI SMRITI ZUBIN IRANI)
(a) : ‘Police’ and ‘Public Order’ are State subjects under the Seventh Schedule to the Constitution of India. The responsibilities to maintain law and order, protection of life and property of the citizens including children rest with the respective State Governments. The State Governments are competent to deal with such offences under the extant provisions of laws.
However, Government has taken a number of initiatives for increasing the conviction rate, which are given below:
i. In order to facilitate States/UTs, Government of India on 19th February 2019 launched an online analytical tool for police called “Investigation Tracking System for Sexual Offences” to monitor and track time-bound investigation in sexual assault cases in accordance with the Criminal Law (Amendment) Act 2018.
ii. In order to improve investigation, Government of India has taken steps to strengthen DNA analysis units in Central and State Forensic Science Laboratories. This includes setting up of a State-of-the-Art DNA Analysis Unit in Central Forensic Science Laboratory, Chandigarh. Government of India has also sanctioned setting-up and upgrading of DNA Analysis units in State Forensic Science Laboratories in 13 States/ UT.
iii. Government of India has notified guidelines for collection of forensic evidence in sexual assault cases and the standard composition in a Sexual Assault Evidence Collection Kit. To facilitate adequate capacity in manpower, training and skill building programs for Investigation Officers, Prosecution Officers and Medical Officers has commenced and total number of 6023 Officers have already been trained by the Bureau of Police Research and Development (BPR&D) and Lok Nayak Jayaprakash Narayan National Institute of Criminology and Forensic Science in collection, handling and transportation of forensic evidence. BPR&D has distributed 3,120 Sexual Assault Evidence Collection Kits to States/ UTs as orientation kit as part of training.
iv. In addition to the above-mentioned measures, the Ministry of Home Affairs have issued advisories from time to time with a view to help the States/UTs to deal with crimes against women.
(b) : The Ministry of Women & Child Development (WCD) had prepared a report on women in prisons which was circulated by Ministry of Home Affairs (MHA) to all States and UTs on 02.11.2018 requesting them to take note of the recommendations made in the report and ensure that the recommendations are fully utilized for providing better living condition to women prisoners.
In addition to the above, Ministry of Home Affairs had issued an advisory to States/UTs which provided guidelines on facilities to be provided to the women prisoners during pregnancy and child birth etc.
Government of India has also circulated a Model Prison Manual to all States and UTs in 2016, which has a chapter on ‘Women Prisoners’. This chapter provides guidance on the point of pregnancy of women inmates in prisons, child birth in prison and children of women prisoners. It provides for proper pre-natal and ante-natal care to be provided to women inmates and provision of adequate and timely supplemental nutrients to pregnant women, babies and breast feeding mothers.
Prisons and persons detained therein are State subjects and the State Governments are competent to take suitable measures to address the issues of women prisoners and their children in jails.
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