Police Handling of Domestic Violence Cases in Tamil ... - SAGE Journals

Police Handling of Domestic Violence Cases in Tamil Nadu, India

Journal of Contemporary Criminal Justice Volume 25 Number 2 May 2009 202-213 © 2009 Sage Publications 10.1177/1043986209333591 http://ccj.sagepub.com hosted at http://online.sagepub.com

Sesha Kethineni Illinois State University, Normal

Murugesan Srinivasan University of Madras, Chennai, India

Police in the state of Tamil Nadu, India, use a two-tier system in domestic violence cases. More serious cases, such as dowry deaths and murders resulting from domestic disputes, are registered in the First Information Report for official police investigation and filing of charges. All other domestic violence cases are initially registered in a register called Community Service Register before further investigation. This article will compare the types of domestic violence cases officially registered by the police and the cases disposed of informally and will examine how recent domestic violence legislation affects the role of women police in dealing with domestic violence case. Keywords: domestic violence; India; police

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olice in India, especially in Tami Nadu, handle domestic violence cases through different approaches. First Information Report (FIR) cases are generally more serious domestic violence incidents and include dowry deaths or murders. Dowry is a problematic social practice that is deeply rooted in India. According to Singh (1981, p. 1), dowry is a “unilateral transfer of resources by a girl’s family at her marriage to the groom’s family in recognition of their home permanently.” Almost every day people hear about the death of a young woman at the hands of her husband or relatives because of her failure to fulfill ever-increasing demands for material goods and cash by her marital family (Roy, 1996). These cases fall under specific statutes or laws. For example, the Indian Penal Code (IPC) of 1860 lists serious forms of domestic violence: When dowry deaths (see IPC, Section 304b) are reported to the police, they are registered in FIR for investigation and filing of charges. All other cases are considered as petitions and are initially entered into the Community Service Register (CSR) for inquiry. These cases include cruelty by husbands or relatives, sexual harassment, family disputes, marital maladjustment, ill treatment, suspicion of adultery, and verbal abuse. Because of sociocultural factors and the sensitive nature of Authors’ Note: This article was first presented at the Annual Meeting of the Academy of Criminal Justice Sciences, Seattle, Washington in March 2007. 202

Kethineni, Srinivasan / Police Handling of Cases in Tamil Nadu, India 203

family disputes, police do not immediately initiate legal proceedings against accused persons. Therefore, all domestic violence–related cases (except dowry deaths) are referred to the police and assigned CSR numbers. Once CSR inquiry begins, the police attempt to resolve the dispute through informal mechanisms. If such efforts fail and the petitioner insists on a criminal case, then the petition is treated as a complaint and recorded in the FIR for initiating legal proceedings. This study will discuss the following: (a) various laws that deal with domestic violence in India; (b) national and state-wide official statistics and trends on crimes against women; (c) types and volume of domestic violence cases registered at AllWomen Police Stations (AWPSs; staffed by all female police officers) in Tamil Nadu; (4) disposition of those cases by the police; and (5) how the recent domestic violence legislation affects women police when dealing with domestic violence cases.

Brief Overview of Indian Penal Provisions Related to Domestic Violence Persistent lobbying by women’s rights groups in the 1970s and 1980s resulted in the introduction of amendments to the IPC, the Criminal Procedure Code (CrPC), and the Evidence Act (Pande, 2002). Although women’s organizations with political affiliations took up the issue of violence against women, autonomous groups, with their radical and pragmatic approaches, took the initiative in bringing about legal reforms (Katzenstein, 1989). The first change occurred in 1983 through amendments to the IPC (Sections 498A and 304B). Section 498A makes it a punishable crime when a husband and/or his relatives commit cruelty against the bride, which includes driving a married woman to commit suicide. Singh (1991, p. 49) comments that suicide due to dowry harassments shows “the hollow social structure” of the Indian society. According to Section 304B, if an unnatural death of a woman occurs within 7 years of marriage, and if it is shown that she was harassed for dowry prior to her death, the offender could receive a sentence between 7 years and life imprisonment. In addition, the Evidence Act shifted the burden of proof in such cases from prosecution to the accused (Viswanathan, 2000). The Dowry Prohibition Act (1961, p. 4) defines dowry as “any property or valuable security given or agreed to be given either directly or indirectly by one party to a marriage to the other party to the marriage.” The groom’s family seeks dowry at, before, or after the marriage. The giving or taking of dowry is punishable by a minimal term of 5 years and a fine of Rs.15,000 (about US$350) or an amount equivalent to the value of the dowry received, whichever is higher. If presents or gifts are given to the bride at the time of the marriage by any person related to the bride that are of customary nature and the value of such gifts is not excessive, then the court will not consider such gifts as dowry. In addition to punishing those who

204 Journal of Contemporary Criminal Justice

receive dowry, the Act punishes any person who demands dowry by imposing 6 months (or more) of imprisonment and a fine of Rs.10,000 (roughly US$250). Furthermore, offenses under the Act are considered cognizable (felony) and nonbailable, and the burden of proof rests with the defendant. More recent legislation, for example, Protection of Women from Domestic Violence Act (2005) and the Protection of Women from Domestic Violence Rules (2006), recognizes domestic violence as a human rights issue and provides remedies under civil law (Arora, 2007a, 2007b). These remedies are intended to protect women from becoming victims of domestic violence. Under the Act, domestic violence includes physical, sexual, verbal, emotional, or economic abuse. It also includes harassment in the form of demanding a dowry from a woman or her relatives (Arora, 2007a, pp. 3-4).

Domestic Violence Statistics Statistics published by the National Crime Records Bureau (2006; see Tables 1 and 2) show an increase in crime against women in the years 2004-2005, despite a decrease in certain specific forms of crime against women. The crimes are broadly classified into IPC crimes and crimes under Special and Local Laws (SLL). Specific domestic violence crimes under IPC and SLL are homicides for dowry, dowry deaths, or their attempts (IPC, Sections 302/304B); mental and physical torture by husband or relatives (IPC, Section 498A); and offenses under Dowry Prohibition Act specifically related to domestic violence. Dowry deaths decreased by about 3.4% (N = 6,787) in 2005, compared to the previous year (N = 7,026). Similarly, offenses under the Dowry Prohibition Act (1961) decreased by 10.8% (N = 3,204) in 2005. However, cruelty by husband or relatives increased by 0.3% (N = 58,311) in 2005. The overall national crime statistics show a grim picture of women’s status in India. Despite constitutional guarantees of equality and the enactment of special laws to end discrimination, women continue to face oppression in marital homes (Srinivasan, 2004). An analysis of the official statistics for Tamil Nadu for the period 1991-2001 showed an overall increase in crimes against women. From 1991 to 2001, dowry cases in Tamil Nadu increased by 3.68%, and cruelty by husband or relatives increased by 11.32%. Similarly, offenses under the Dowry Prohibition Act increased 3.8% during the same period (Srinivasan, 2004).

Police Handling of Domestic Violence Cases In rural areas, family disputes are often referred to a local panchayat, which is an informal village court consisting of respected members of the community. According


Table 1 Proportion of Crimes Against Women (IPC) of Total IPC Crimes S. No.

Year

Total IPC Crimes

Crime Against Women (IPC Cases)

Total IPC Crimes (%)

1. 2. 3. 4. 5. 6.

2000 2001 2002 2003 2004 2005

17,71,084 17,69,308 17,80,330 17,16,120 18,32,015 18,22,602

1,28,320 1,30,725 1,31,112 1,31,364 1,43,615 1,55,553

7.2 7.4 7.4 7.6 7.8 8.5

Note: IPC = Indian Penal Code.

Table 2 Incidents of Various Crimes Against Women, 2000-2005; Percentage Variation in 2005 Compared to 2004 Crime 2000 2001 2002 2003 2004 2005 Rape Kidnap and abduction Dowry death Dowry Prohibition Act Torture (cruelty by husband) Molestation Sexual harassment Importation of girls Sati prevention Immoral traffic Indecent representation of women Total

Variation in 2005 Over 2004 (%)

16,496 15,023 6,995 2,876 45,778

16,075 14,645 6,851 3,222 49,170

16,373 14,506 6,822 2,816 49,237

15,847 13,296 6,208 2,684 50,703

18,233 15,578 7,026 3,592 58,121

18,359 15,750 6,787 3,204 58,319

0.7 1.1 –3.4 –10.8 0.3

32,940 11,024 64 0 9,515 662

34,124 9,746 114 0 8,796 1,052

33,943 10,155 76 0 6,598 2,508

32,939 12,325 46 0 5,510 1,043

34,567 10,001 89 0 5,748 1,378

34,175 9,984 149 1 5,908 2,917

–1.1 –0.2 67.4 — 2.8 111.7

141,373

143,795

143,034 140,601 154,333 155,553

0.8

to Natarajan (2005, p. 91), the panchayat is a “form of community-based Alternative Dispute Resolution (ADR).” Such informal justice is tailored to meet the needs of villagers and is considered “inexpensive, immediate, accessible, and reliable.” Although the decisions are accepted by the community, either willingly or from fear of ostracism by others, members often recommend that the women should adjust to the situation. In a traditional society such as India, where women typically face social and cultural disadvantages because of role expectations, it is harder for them to find justice in processes (formal or informal) controlled by men.


As awareness of women’s plight increased, family courts were established around 1984 to provide assistance in the form of mediation or negotiations before formal initiation of the legal process. Although family courts were meant to assist women, most of these courts take years to dispose family disputes cases. One reason for the delay in disposal of such cases is the increase in the volume of such cases. Thus, there is a need for alternative methods through which cases arising from family disputes are handled. AWPSs are one such mechanism. Though AWPSs have been in existence since the 1970s, their expansion took place in the 1990s. In this context, it is also important to describe the origin and development of AWPSs in Tamil Nadu. In 1973, the state government issued an order delineating the functions of AWPSs, including rescuing homeless girls who are in danger of becoming prostitutes, assisting investigating officers, and questioning complainants in cases such as assaults on women and children (Government of Tamil Nadu, 1973). In 1974, the government issued ad hoc rules for the women police personnel with respect to recruitment, training, and promotion (Government of Tamil Nadu, 1974). In 1986, the government created posts of Women Inspectors and Women Deputy Superintendents of Police (Government of Tamil Nadu, 1986). In 1993, the government ordered the opening of AWPSs in 28 places (Government of Tamil Nadu, 1993); 2 more places in 1994 (Government of Tamil Nadu, 1994); and, in 1995, 26 more such police stations (Government of Tamil Nadu, 1995). The expansion of these police stations made it easier for women to approach the police. They have created a forum wherein women can discuss their own problems, which they would have hesitated to share with male police. As a result, the number of AWPSs in Tamil Nadu has increased to 195 stations, covering both rural and urban areas. There are 35 AWPSs in the city of Chennai alone. Many of these stations have a Women Helpline for distress calls from women and children, which includes dowry harassment, domestic violence, and alcoholism by spouses, sexual harassment, and problems related to promiscuity. These Helpline centers have counseling facilities staffed by professional counselors. The nature of problems brought to the AWPSs goes beyond criminal matters. These police stations are becoming centers where a comprehensive approach is used to deal with women’s problems, through both legal and counseling services. As stated earlier, all cases (except dowry deaths and cases of murder) relating to domestic violence are filed as a petition at an AWPS. Such petitions are assigned a CSR number and are taken up for initial inquiry. The cases include demanding dowry, alcoholism by husband, adultery by husband, bigamy, family quarrels, and issues related to custody of children, false promise of marriage, desertion by husband, and eve teasing. The term eve teasing is sometimes compared to sexual harassment. It is “a crude way of garnering female attention” (Venkataraman, 2004, p. 1). Occasionally, it has resulted in the rapes and deaths of young women. Some petitions (CSR) may, in due course, be registered (as FIR cases) to initiate legal proceedings depending on various factors, including the discretion of the police officers at the AWPSs.


Table 3 Total Number of FIR and CSR Cases Registered, 2004-2006, in AWPSs, Thousand Lights Area, City of Chennai S. No. 1.

2004

2005

2006

Name of the AWPS

FIR

CSR

FIR

CSR

FIR

CSR

W-1 AWPS, Thousand Lights

41

446

25

265

6

227

Note: FIR = First Information Report; CSR = Community Service Register; AWPS = All-Women Police Station.

Data Collection Analysis of Case Records Prior to the data collection, permission was obtained from the Chennai City Police. Initially, the Commissioner of Police had to approve, followed by the Joint Commissioners of Police and the Deputy Commissioners of Police. Finally, the Deputy Commissioners had to give instructions to the Inspectors at the AWPSs to provide data. It took nearly 2 months for the researchers to compile the data (types of FIR and CSR cases and their dispositions) from one larger AWPS in Chennai. We found no uniformity in the maintenance of records at the AWPS, and so we had to write down all information from the records. The data collection for the remaining AWPSs is currently underway. This article reports on data collected from one AWPS (in the Thousand Lights area) in the city of Chennai from 2004 to 2006. There were 72 FIR and 938 CSR (Table 3) cases registered in the station ledger at this AWPS for the 3-year period. Of the cases registered, a majority dealt with domestic violence and dowry issues. Of the 10 categories of cases registered, 43.1% (n = 31) of the FIR complaints pertain to crimes under the Dowry Prohibition Act, followed by 13.8% (n = 10) of offenses filed under the Immoral Traffic (Prevention [ITP]) Act. Similarly, Under CSR, 10 different types of cases are listed. Of those charges, family quarrels make up 36.5% (n = 342) of the charges, followed by drunkenness of husband (23.3%, n = 219) and dowry-related charges (13.1%, n = 123). Other cases include adultery, desertion by husband, bigamy, false promise to marry, and relate to custody of children (see Tables 4 and 5). Regarding the disposition of the 43 cases filed under Section 498A of IPC and Section 3 Dowry Prohibition Act, 4 were convicted, 3 were acquitted, charges were dropped in 6 cases, 17 were awaiting trial, and 13 cases were transferred to other jurisdictions (see Table 6). Most of the other convictions reported (n = 8) related to offenses that fall under the ITP Act.


Table 4 Types of FIR Cases Registered, 2004-2006, in AWPSs, Thousand Lights Area, City of Chennai S. No.

Type of FIR Cases

1. Dowry Prohibition Act (1961; Sections 4 and 6) 2. Section 498A, Indian Penal Code (1860) 3. Section 4, Tamil Nadu Prohibition of Forcible Conversion of Religion Act (2002) 4. Rape: IPC, Section 376 (1) 5. Tamil Nadu Prohibition of Harassment of Woman Act (1998) 6. Other IPC 7. Immoral Traffic (Prevention) Act (1956) 8. 23(3) The Mental Health Act (1987) 9. Section 3, Dowry Prohibition Act (1961) (The TNDP Rules, 2004) 10. Section 75 of The Tamil Nadu City Police Act, 1888 Total

2004

2005

2006 Total Percentage

20 5 1

9 2 0

2 1 0

31 8 1

43.1 11.1 1.4

0 4

1 2

0 1

1 7

1.4 9.7

1 10 0 0

0 0 5 4

0 0 1 0

1 10 6 4

1.4 13.8 8.3 5.6

0

2

1

3

4.2

41

25

6

72

100.0

Note: FIR = First Information Report; AWPS = All-Women Police Station; IPC = Indian Penal Code; TNDP = Tamil Nadu Dowry Prohibition.

Table 5 Types of CSR Cases Registered, 2004-2006, in AWPSs, Thousand Lights Area, City of Chennai S. No.

Nature of CSRs

1. Dowry-related cases 2. Drunkenness by husband 3. Adultery by husband 4. Bigamy of husbands 5. Family quarrel 6. Seeking the custody of children 7. False promise of marriage 8. Eve teasing 9. Desertion by husband 10. Others Total

2004

2005

2006

Total

Percentage

64 107 42 0 160 7 8 4 0 54 446

36 59 27 10 61 3 7 8 2 52 265

23 53 2 9 121 0 1 0 18 0 227

123 219 71 19 342 10 16 12 20 106 938

13.1 23.3 7.6 2.0 36.5 1.1 1.7 1.3 2.1 11.3 100.0

Note: CSR = Community Service Register; AWPS = All-Women Police Station.

The petitions that were assigned CSR numbers are disposed of through various means. Outcomes included mediation, wherein the parties compromised and agreed to stay in the relationship; referring the case to a family court for divorce or separation; or registering the case for formal investigation because the parties did not


Table 6 Disposal of FIR Cases, 2004-2006, in AWPSs, Thousand Lights Area, City of Chennai S. No.

Type of FIR Cases

1. The Dowry Prohibition Act (1961; Sections 4 and 6) 2. Section 498 A Indian Penal Code (1860) 3. Section 4 of Tamil Nadu Prohibition of Forcible Conversion of Religion Act (2002) 4. Rape: Section 376 (1) of IPC 5. The Tamil Nadu Prohibition of Harassment of Woman Act (1998) 6. Other IPC 7. The Immoral Traffic (Prevention) Act (1956) 8. 23(3) The Mental Health Act (1987) 9. Section 3, the Dowry Prohibition Act (1961) (The TNDP Rules, 2004) 10. Section 75 of The Tamil Nadu City Police Act, 1888

Year

UI

PT

CON ACQ AD TRF OTH Total

2004 2005 2006 2004 2005 2006 2004 2005 2006

0 0 0 0 0 0 0 0 0

6 5 2 1 2 1 0 0 0

0 0 0 0 0 0 0 0 0

3 0 0 0 0 0 0 0 0

3 1 0 2 0 0 0 0 0

8 3 0 2 0 0 1 0 0

0 0 0 0 0 0 0 0 0

20 9 2 5 2 1 1 0 0

2004 2005 2006 2004 2005 2006 2004 2005 2006 2004 2005 2006 2004 2005 2006 2004 2005 2006 2004 2005 2006

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

0 1 0 2 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 1 0 0 0 0 0 8 0 0 0 0 0 0 4 0 0 2 1

0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0

0 0 0 0 0 0 0 0 0 0 0 0 0 5 1 0 0 0 0 0 0

0 1 0 4 2 1 1 0 0 10 0 0 0 5 1 0 4 0 0 2 1

Note: FIR = First Information Report; AWPS = All-Women Police Station; IPC = Indian Penal Code; TNDP = Tamil Nadu Dowry Prohibition; UI = Under Investigation; PT = Pending Trial; CON = Convicted; ACQ = Acquitted; AD = Action Dropped; TRF = Transferred on point of jurisdiction; OTH = Others. No case has been registered under The Protection of Women from Domestic Violence Act (2006) after it came into force at AWPS, Thousand Lights.

want to compromise (see Table 7). Of dowry-related cases (n = 123), more than half agreed to compromise (n = 69, 56%); 17% of the cases were referred to family court for divorce or separation; and fewer than 10% (n = 11, 8.9%) of the cases were registered as FIR cases.


Table 7 Disposal of CSRs, 2004-2006, in AWPSs, Thousand Lights Area, City of Chennai S. No.

Nature of Petitions Case Family Other (CSR) Year Compromised Registered Court Disposala Pending Total

1. Dowry-related 2. Drunkenness by husband 3. Adultery by husband 4. Bigamy 5. Family quarrel 6. Seeking the custody of children 7. False promise of marriage 8. Eve teasing 9. Desertion by husband 10. Others

2004 2005 2006 2004 2005 2006 2004 2005 2006 2004 2005 2006 2004 2005 2006 2004 2005 2006 2004 2005 2006 2004 2005 2006 2004 2005 2006 2004 2005 2006

32 21 16 46 27 44 21 19 2 0 2 4 92 28 84 3 0 0 3 1 0 1 3 0 0 0 15 19 23 0

7 4 Nil 2 0 0 0 0 0 0 3 0 0 1 0 0 0 0 0 1 0 3 2 0 0 0 0 0 0 0

12 5 4 17 12 2 6 2 0 0 3 2 20 18 13 0 1 0 1 0 0 0 0 0 0 1 0 2 3 0

13 6 3 42 20 7 15 6 0 0 2 3 48 14 24 4 2 0 4 5 1 0 3 0 0 1 3 33 26 0

Nil Nil Nil 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

64 36 23 107 59 53 42 27 2 0 10 9 160 61 121 7 3 0 8 7 1 4 8 0 0 2 18 54 52 0

Note: AWPS = All-Women Police Station; CSR = Community Service Register; a. Other disposal includes: action dropped, mistake of fact (false complaint/false information), withdrawal of cases, transferred on point of jurisdiction and so on.

Summary and Discussion The results presented here represent a small part of the study that covered around one third of AWPSs in the city of Chennai. The data from one AWPS showed that women who face a wide range of family issues prefer to bring their petitions to women police for possible resolution, either through mediation and negotiation, or through formal justice process. Although many complaints were not serious enough to warrant official intervention, many women were desperate to have their complaints brought before the women police because they believed that these officers would


show concern or empathy for their plight and possibly come up with a resolution, which they would not get from male officers (Natarajan, 2006). It has been the practice of the AWPSs, which were established for dealing with women and women-related issues that all the petitions referred to them are initially registered in the CSR. As the nature of family disputes are sensitive, the women police do not immediately initiate legal process, namely, registration of complaints, including filing of FIR and investigation. Hence, as soon as the petitions are assigned CSR numbers, women police conduct a preliminary enquiry and try to resolve the family disputes through various approaches, including mediation where they bring the wife, the husband, and members of the extended family to the police station for a discussion. When the couples are counseled, and if the counseling is successful, they compromise. Besides, in the process the couples also learn to handle future disputes in an amicable manner. The women police deal only the criminal offenses, such as cruelty or harassment by husband and other relatives and similar forms of violence. For a wife’s request for separation or divorce, she is directed to approach the family court. Besides, women police also resort to other methods including counseling. In this process, if the couples are convinced and agree to live together, the women withdraw the cases. One could only guess how a new law, The Protection of Women from Domestic Violence Act (2005), would affect the role of women police dealing with CSRs. The new Act broadened the definition of domestic violence. As a result, the number of complaints was expected to increase. Since the Act came into effect on October 26, 2006, the first case of Neeraj Bala was decided in 57 days. In this case, the complainant requested several legal remedies, including an end to the violence, custody of her child, the right to stay in her husband’s house, monthly maintenance, and enjoining her husband from selling their home. Although extant laws could have provided most of the remedies sought, they could not award monthly maintenance nor prevent the husband from selling the property before the dispute was settled. Most important, Section 21 of the new law overrides any other law and the victims can use it to get speedy justice under a single law. In the Neeraj Bala case, the court was reluctant to award monthly maintenance, stating that this particular issue was pending before a separate court under the Hindu Marriage Act of 1956. The court also had not provided relief to the complainant regarding her request to prevent her husband from selling the property because she had not submitted required documents (Luthra, 2007). Moreover, the court had not granted her request for provision of shelter in her husband’s home since she had been living separately for more than a year. Luthra (2007) argues that the current court disregarded Section 17 of the law, which permits a victim to reside in the same house and allots her a part of the house for her own use. Another noteworthy feature of the new law is that Section 18 of the Act prevents further abuse by ordering the husband and in-laws to refrain from committing any


violence. The questions are as follows: Who will monitor such cases? Will the burden rest with the police or newly created women protection officers? More data from rural and urban areas may show the nature of cases reported, case outcomes, the satisfaction of parties concerning outcomes, and how the new acts changed the role of women police.

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Sesha Kethineni is a professor of criminal justice at Illinois State University. Her research has largely focused on domestic violence, comparative juvenile justice, international drug polices, juvenile justice, and female offenders in India. Murugesan Srinivasan obtained his MA and PhD degrees in criminology from the University of Madras where he currently teaches. His fields of specialization are police administration, victimology, and financial crimes. He has 14 years of teaching and research experience, having published more than 20 articles, and served as a research collaborator at the Tokiwa International Victimology Institute, Japan.