(a) whether there is an increase in the number of cases of harassment of women
and dowry related harassment;
(b) if so, the details thereof;
(c) the steps taken or proposed by the Government for early disposal of such cases;
(d) whether the Hon’ble Supreme Court has instructed the Government to review the
concerned laws and The Dowry Prohibition Act, 1961; and
(e) if so, the details thereof?
MINISTER OF STATE OF THE MINISTRY OF WOMEN AND CHILD DEVELOPMENT (SHRIMATI KRISHNA TIRATH)
(a) & (b): As per NCRB data a total of 185312, 195856 & 203804 cases of crimes against
women were registered during 2007, 2008 & 2009 respectively. Of these 75930, 81344 & 89546
cases were registered under Section 498A IPC (cruelty by husband & relatives) and 5623, 5555
& 5650 cases were registered under Dowry Prohibition Act during these years.
(c) Police and Public Order being State subjects under the Constitution, primary
responsibility of prevention, detection, registration, investigation and prosecution
of crimes, including crimes against women lies with the State Governments/UT administrations.
Government of India has been advising them from time to time to give more focused attention
to crimes against women. A detailed advisory dated 4th September, 2009 has been sent to all
State Governments/UT Administrations wherein States have been directed to have a comprehensive
review of the effectiveness of the machinery in tackling the problem of violence against
women and to take appropriate measures aimed at increasing the responsiveness of the law
and order machinery. States have also been advised that there should not be any delay whatsoever
in registration of FIR in all cases of crimes against women and cases should be thoroughly
investigated and charge sheets against the accused persons should be filed within three months
from the date of occurrence, without compromising on the quality of investigation. Setting up
of Fast Track Courts and Family Courts has also been emphasised.
The National Commission for Women (NCW) has vide letter dated 7th January, 2009 while expressing
concern about alarming rise in crimes against women, requested the Chief Ministers of all States
to issue urgent instructions to the concerned officials to take preventive measures to contain
such crimes and ensure safety and security of women. States have also been requested to ensure
that police at all levels is sensitized about women issues and professionally trained to handle
serious crimes against women. Besides, NCW has also emphasized on the need to set up Fast Track
Courts to give speedy justice to the victims.
(d) & (e): The Supreme Court in the Preeti Gupta & another Vs. State of Jharkhand
(Criminal appeal No.1512 of 2010) observed that a serious relook of the provision of
Section 498A IPC (cruelty by husband & relatives) is warranted. The Law Commission of
India has been asked to give recommendation on amendments to Section 498A of IPC or other
measures necessary to check the alleged misuse of the said provision and, especially, by
way of over-implication. Hon’ble Supreme Court has not given any direction for review of
the Dowry Prohibition Act, 1961.