ARREST AND CUSTODY OF FEMALE PERSONS

Bombay High Court

1995 Cr.L.J. 4223 (Bombay)

Christian Community Welfare Council of India and another
Vs.
Government of Maharashtra & another

Judgement
In a matter relating to custodial violence and arrest of female persons in State the Court issued the following directions to the State Govt.

I. The State of Maharashtra is directed to constitute a Committee consisting of its Home Secretary, Law Secretary and Director General of Police within 15 days from today for going into all the aspects of custodial violence by the police in the State and suggested comprehensive measures and guidelines to prevent and check custodial violence and death and also suggest for that purpose suitable amendments in the Police Manual of the State and also submit comprehensive scheme for police accountability of human rights abuse:

II. The said Committee is directed to submit its report to the State Government within three months of its constitution.

III. The State Government is directed to take effective steps in implementing the measures and guidelines suggested by the Committee in preventing and checking the custodial violence immediately after submission of report by the said Committee;

IV. The State Government is directed to issue immediately necessary instructions to all concerned police officials of the State that in every case after arrest and before detainee is taken to the Magistrate, he should be medically examined and the details of his medical report should be noted in the Station House Diary of Police Station and should be forwarded top the Magistrate at the time of production of detainee;

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V. The State Government should also issue instructions to all concerned police officials in the State that even after the police remand is ordered by concerned Magistrate for any period, every third day, the detainee should be medically examined and such medical reports should be entered in the Station House Diary;

VI. The State Government is further directed to provide a complaint box duly locked in every police-lock up at the keys of the complaint box should be kept by the Officer in-charge of the Police Station. The Officer in charge of the concerned Police Station should provide paper and pen to the detainee if so demanded for writing complaint and the Officer in charge of the concerned police station should open the complaint is found in the complaint box, the officer in charge of Police Station should produce such complaining detainee to the Magistrate immediately along with his complaint and the concerned Magistrate would pass appropriate orders in the light of the complaint made for medical examination, treatment, aid or assistance, as the case may warrant;

VII. The State Government should issue instructions immediately in unequivocal and unambiguous terms to all concerned that no female person shall be detained or arrested without the presence of lady constable and in no case, after sun set and before sun-rise;

VIII. The State Government should make proper provision for female detainee in separate lock-ups throughout the State of Maharashtra.

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