Strict guidelines issued by the Ministry of Home Affairs on police action in rape cases

Posted on 10th Oct 2020 by rohit kumar

The Union Home Ministry has issued a detailed advisory on Saturday about the mandatory action taken by the police about crimes against women.

 

This advisory has been issued to the states and union territories.

 

Serious questions were raised about the laxity and functioning of the police in the alleged gang rape and murder of a 19-year-old Dalit girl in Hathras, Uttar Pradesh. The matter was covered in the headlines at the national level and the state government was also very bad about it.

 

After this case, the Center and the state government were being accused that they are not serious about women safety and justice in cases of crimes against women.

 

Taking cognizance of this, on Saturday, the Union Home Ministry (MHA) has issued a detailed advisory. This advisory has been issued to the states and union territories in which the mandatory action of the police about crimes against women has been told.

 

In this advisory, instructions have been given to take strict action against the officials who do not take action in cases of crimes against women.

 

It refers to the advisory of the Ministry of Home Affairs on 16 May 2019 regarding 'not filing information under sub-section (1) of section 154 of CrPC for an offense punishable under section 166A of IPC'.

 

In this advisory, reference has been made to the advisory of the Ministry of Home Affairs on December 5, 2019, in which timely and proactive action was taken in crimes against women.

 

Apart from this, it also references the SOP (Standard Operating Procedure) of investigation of rape cases and guidelines issued regarding the kit to collect evidence of rape offenses.

 

What is said in this advisory?

 

It said that the Central Government has strengthened the legal provisions to deal with crimes against women.

 

According to the advisory, "The Center has issued several advisories to the states from time to time so that the police take strict action against crimes against women. These include filing FIRs, collecting evidence and the rape Assault Evidence Collection (SAEC) kit, two months This includes completing investigations and creating a nationwide database of rape offenders. "

 

According to this advisory:

 

1. FIRs must be registered in cases of cognizable offenses. According to the law, the police can also register a zero FIR in case of an incident outside their police station.

 

2. There is a provision under section 166 of IPC against a government employee for failing to register an FIR in connection with cognizable offenses.

 

3. Section 173 of CRPC talks about completing the investigation in two months in cases of rape. In this connection, the Home Ministry has also created an online portal where such cases can be tracked.

 

4. Rape assault/rape victim should be tested with a registered medical practitioner with consent within 24 hours.

 

5. Written or oral statement of the deceased will be taken as evidence.

 

6. The Ministry of Home Affairs has issued guidelines regarding the gathering of forensic evidence in cases of rape assaults. SAEC kits have been given to the police to investigate such cases.

 

7. Despite legally strict provisions and measures to increase capacity, if these mandatory requirements are not followed by the police, it can affect the delivery of criminal justice in the country. If such flaws are found then they should be investigated and strict action should be taken immediately against the officials responsible for them.

 

8. States and Union Territories can issue necessary guidelines in this direction to all concerned authorities so that strict adherence to these rules can be ensured.

 

What is the motive?

 

The Uttar Pradesh government was very angry about the laxity and insensitivity of the police officers in the Hathras case. The Yogi government has faced criticism from opposition parties for not taking any action against the police officers responsible for it.

 

It is possible that through this advisory, the central government wants to prove that it is very serious about women's safety.