EXPLAINED | How MHA's Fresh SOPs Will Ensure Better Handling Of Crime Against Women

In the detailed three-page advisory, the Union Home Ministry stated that it is mandatory for police to register an FIR in such a case of “cognizable offence".

(Photo by Pawan SHARMA / AFP)

A 19-year-old Dalit woman was gang-raped in Uttar Pradesh's Hathras on September 14, 2020, and was admitted to Delhi's Safdarjung hospital for better healthcare facilities. The victim unfortunately succumbed to her injuries on Tuesday morning, at Safdarjung hospital in Delhi. The hideous incident of 'gang rape' with the 19-year-old girl stirred a nationwide uproar with people from all walks of life demanding justice for the victim and her family. State Govt Orders CBI probe Amid the uproar over the Hathras incident, the Uttar Pradesh Chief Minister Yogi Adityanath last week ordered Central Bureau of Investigation (CBI) probe into the case. The CM Office in a statement said that the Chief Miinster has recommended a CBI probe in the investigation. A member of the Special Investigation Team (SIT) was quoted as saying by news agency ANI that SIT & CBI will conduct parallel investigation in the case. Negligence? Police Did Not Accompany Victim For Medical Test Meanwhile, ABP News on Friday made a huge disclosure on the alleged gangrape and murder case of Hathras, which has brought several negligence in the matter to the fore. The operation has disclosed that the victim was not accompanied by any police official for her medical test in Aligarh. Chandpa constable Neha, who was approached by our undercover reporters, revealed that no one from the police team accompanied the victim to Aligarh Muslim University’s Jawaharalal Nehru Medical college where the medical test of the victim was done, despite the case being a medico-legal one. Centre Steps In, Issues Advisory For Ensuring Mandatory Action By Police In Cases Of Crime Against Women In the wake of the ingoing case and post the shocking revelations, Central Government on on Saturday issued a fresh advisory to states and Union Territories on mandatory action in cases of crimes against women. In the advisory, the Union home ministry said mandatory action must be taken in cases of crimes against women, adding probe into rape cases must be completed within two months. In the detailed three-page advisory, the Union Home Ministry stated that it is mandatory for police to register an FIR in such a case of "cognizable offence under sub-section (1) of section 154 of the Code of Criminal Procedure (CrPC)."

As per the advisory, the police investigation in relation to rape must be completed in two months. Moreover, Section 32 (1) of the Indian Evidence Act 1872 provides that the "statement written or verbal, by a person by a person, who is dead, shall be treated as relevant fact in the investigation when the statement is made by a person as to the cause of his (or her) death or as to any of the circumstances of the transaction which resulted in his (or her) death." However, even with stringent provisions in law and several capacity building measures undertaken, any failure of police to adhere to these mandatory requirements may not augur well for the delivery of criminal justice in the country, especially in the context of women safety. Such lapses, if noticed, need to be investigated into and stringent action taken immediately against the concerned officers responsible for the same, the advisory mentioned.