Plea in Delhi HC for mandatory registration of FIR against husbands accused of violence

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula issued notice to the respondents including the Centre through the Ministry of Home Affairs, Commissioner Delhi Police, Special Commissioner of Police, Special Police Unit for Women and Children (SPUWC) and the Delhi government. The matter has been listed for November 22.

Senior advocate Rebecca John, appearing for the petitioners, submitted that in cases where women are facing physical violence by their husbands, their “consent should be taken” before being referred to the Crime Against Women (CAW) cells. “If a woman does not wish to go to CAW cell and a serious cognizable offence is made out then FIR must be registered. Most of these women are poor/domestic workers,” John added.

Addressing the court’s query about what happens when women approach the police station, John said that in many cases the police officers term it as a ‘gharelu mamla’ (domestic matter) and refer it to the CAW cell. “Sometimes a DD entry is made, sometimes even that is not taken,” John further said.

Additional solicitor general Chetan Sharma, appearing for the Centre, stated that the cause raised by John was “genuine”. He, however, said that in case of physical violence, nothing stops an FIR registration. Meanwhile, he also argued that there was a huge flipside to the matter and said, “We have seen instances where laws are being abused.”

John, however, submitted that she was coming with a very “narrow compass” seeking modification of standing orders.

The plea states that the Delhi police is governed by two standing orders (SO) passed in 2008 and 2019. The 2008 SO stated guidelines under 498A(husband/relative subjecting woman to cruelty) cases including the provision that no case under Section 498-A/406(criminal breach of trust) IPC should be registered without prior approval; it further mentioned that “all possible efforts should be made, before recommending registration of any FIR, for reconciliation”.

The plea claims that the standing orders have led to a situation, wherein women who face severe violence at the hands of their husbands and/or in-laws, and when they try to seek help from the police, they are asked to approach the CAW cells for reconciliation/mediation and no FIR is registered and/or no criminal investigation is conducted on their complaints.

The 2019 SO also reiterated the same position adding that CAW cells were created for all the districts in Delhi, after the 2008 SO.

The plea also seeks a direction to the respondents to “modify” the 2008 and 2019 SOs ensuring that “express consent from complainants is taken before a reference to mediation/reconciliation.”