(a) whether crime against women has increased manifold during the recent years;
(b) if so,the details thereof;
(c) the stand taken by various bodies including the National Commission for Women regarding
amendment of section 498A of the Indian Penal Code (IPC) dealing with cases of criminal assault on
women;and
(d) the reaction of the Government thereto?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS(DR. SHAKEEL AHMAD)
(a) to (d): A Statement is laid on the Table of the House.
STATEMENT IN REPLY TO PARTS (a) TO (d) OF THE LOK SABHA STARRED QUESTION NO.355 FOR 23.12.2008
REGARDING “CRIME AGAINST WOMENâ€
(a) & (b): The detailed information regarding crimes against women, obtained from the National
Crime Records Bureau during the last three years 2005, 2006 and 2007 is placed at Annexure-I, II
and III respectively.
(c) & (d): The National Commission for Women is of the view that laws such as Protection of Women
from Domestic Violence Act, 2005, Dowry Prohibition Act 1961 and Section 498A of IPC are important
legislations which provide protection and legal remedies to women and these should not be tinkered
with.However,the Commission is of the view that in case of matrimonial disputes, the only recourse
should be to effect conciliation and mediation between the warring spouses’ families with intent
to save the family and marriage.However,the options should be with the women aggrieved whether she
would prefer such conciliation in the first instance or alternatively prefer filing charges.The
Malimath Committee on the Reforms of Criminal Justice System has recommended that the IPC may be
suitably amended to make the offence under Section 498A of IPC as bailable and compoundable.The
Law Commission of India in its 154th Report has recommended that the said offence may be compounded
with the permission of the Court.The recommendations of the Malimath Committee have been sent to
the State Governments for their comments as the subject matter of criminal justice system is in the
Concurrent List of Seventh Schedule to the Constitution of India.The Criminal Law (Amendment) Bill
2003 had inter alia, a proposal to amend Section 320 of the Cr.P.C. to enable compounding of the
offence under Section 498A of IPC (of cruelty by husband or relatives of husband).However the
proposal was deleted from the Bill.The Ministry of Women and Child Development is also not in
favour of diluting the provisions of Section 498A of IPC.