27 Dec 2013

Recommendations on Crime Against Women

The Ministry of Home Affairs had received recommendations From the National Commission for Women on various aspects of crimes against women and children.
 Their recommendations on NRI marriages and rape laws have been acted upon and many of their recommendations have been suitably incorporated in legislations like Criminal Law (Amendment) Act, 2013.  
As per seventh schedule to the Constitution of India "Police" and "Public Order" are State subjects and, as such, the primary responsibility of prevention, detection, registration, investigation and prosecution of crime, lies with the State Governments/Union Territory Administrations. 
However, the Union Government attaches highest Importance to the matter of prevention and control of crime against women and children. 
The following Advisories in respect of crimes against children have been issued by the Ministry of Home Affairs to all States / UTs from time to time:-­
(i) Advisory on Crime against Women-Measures needed to curb issued on 04.09.2009.

(ii) Advisory on crime against children issued on 14.07.2010.

(iii) Advisory on preventing and combating various crimes against Children issued on 04.01.2012.

(iv)   Advisory on Missing Children-measures needed to prevent trafficking and trace the children issued on 31.01.2012 and 29.10.2012.

(v) Ministry of Home Affairs has Issued an advisory on 22nd April 2013 whereby the States UTs were requested to raise the women representation in Police to 33%.

(vi) Advisory on protection of Children from Sexual Offences Act 2013 issued on 28.05.2013.

(vii) Advisory based on Hon`ble Supreme Court directions regarding filing of FIR mandatorily in case of missing children was issued on 25.06.2013.

(viii) Advisory on Registration of FIR irrespective of territorial jurisdiction and Zero FIR was issued on 10.05.2013.

Hon`ble Supreme Court in recent past has also given several directions on crimes against women and children which have been acted upon.  Supreme Court had delivered several judgments condemning Khap Panchayats and Honour Killings. Ministry of Home Affairs MHA has also circulated the Judgments of Hon`ble supreme Court to all the State Govts./UT Administrations for necessary and appropriate action The judgments are;
(i)  Arumugam Several versus State of Tamll Nadu (Criminal Appeal No. 958 of 2011) dated 19th April 2011
(II) Criminal Appeal No. 1117 of 2011 @ SLP (Crl) No. 1208 of 2011 dated 9th May 2011 in the cases of Bhagwan Dass Vs State (NCT) of Delhi.

(iii) Hon’ble Supreme Court in Writ Petition (Criminal) 208 of 2004 in Lata Singh`s case (supra).

As per direction of Hon`ble Supreme Court on W.P.(Clvll) no. 75 of 2012, BachpanBachao Andolan, Ministry of Home Affairs has Issued an advisory on mandatory registration of FIR on missing children dated 25th, June, 2013.  In another W.P.(Crimlnal) 129 of 2006, Laxmi Minor vs UoI, under direction of Hon`ble Supreme Court, the Ministry of Home Affairs has circulated an advisory on `Measures to be taken to prevent acid attacks on people and for treatment and rehabilitation of survivor.` dated 30th  August, 2013.

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