Delhi HC issues notice on plea for mandatory FIR registration in women's complaints against husbands

by IANS |

New Delhi, Sep 28 (IANS) The Delhi High Court has issued notice on a plea seeking the mandatory registration of FIRs in complaints filed by four women against their husbands, alleging physical violence and other cognisable offences such as attempted murder and grievous hurt.

Presiding over the case, Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula on Wednesday sought responses from the Centre, Delhi Police, Delhi Government, and the Crimes Against Women Cell through its Special Commissioner.

The plea has been filed by four women who claim to have suffered severe physical violence at the hands of their husbands for several years but have failed to get any recourse from the authorities.

They aim to draw the court's attention to the plight of women suffering severe forms of violence by their husbands and the assumption that they are making false complaints, making the criminal justice system inaccessible to them.

The women are also aggrieved by two standing orders issued by the Delhi Police in 2008 and 2019, creating a Special Police Unit for Women and Children and outlining the protocol for registering cases under Section 498A of the Indian Penal Code, 1860.

They argue that these standing orders disproportionately emphasise reconciliation between husband and wife, even in cases of severe physical violence and non-compoundable offences.

The petitioners contend that the failure of the authorities to take cognisance of these serious offences, despite the unwillingness of the women to reconcile, results in the perpetuation of violence against them and violates their fundamental rights under Articles 14, 15, 19, and 21 of the Constitution of India.

The petitioners seek a modification of the standing orders to ensure that consent is obtained from complainants before referring their cases to mediation or reconciliation.

They also request the authorities to sensitise the police force regarding the law on FIR registration, as established by the Supreme Court in the Lalita Kumari case.

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