Batons to Counsel? CAW Cells Turn to Extortion Hells

“Arrey Sunita, kya baat hai, bahut udaas lag rahi ho, sab theek to hai?” asks a curious neighbour. “Kya kahun, tu to jaanti hai meri saas-sasur ke dahej ke lalach ko, main soch rahi hoon ki sab par mukadma daayar kar du. Par roj-roj court ke chakkar aur paise aur time ki barbaadi ko sochkar chup ho jaathi hoon,” replies Sunita. Chirps in the neighbour: “So go to Delhi Police’s Crime (Women) Cell at Nanakpura in West Moti Bagh for mediation.” A brief pause later, a cheerful Sunita tells the audience on FM Radio about mediation centres at Rohini, Karkadooma and Tis Hazari court complexes. 

So began a news item in Indian Express (link here). This is apparently in reference to the advertising blitz undertaken by Delhi Police to entice women to approach the Police to settle their matrimonial grievances.

So far, the standard procedure has been for the disgruntled woman to approach the police station and file a false 498a case. Of course, the police played the role of extortionists or their enablers even in these cases. However, with the recent activism of the Save Indian Family Foundation volunteers, the falsely accused citizens have started asserting their rights and the Police have been left with no option but to let the false 498a cases go forward in the courts. As most of these cases are false, the likelihood of conviction is practically nil and in many cases, the falsely accused citizens have exposed the perjury committed in the open courts by the complainants and filed counter charges to punish the false accusers. Even the courts are becoming exasperated with the sheer numbers of false cases and the trampling of civil liberties of innocent citizens in the name of women protection laws.

Now, the feminist mafia has turned its attention to the mediation mantra, so the extortion can be affected simply in the CAW cells without the need for filing FIRs and letting the cases go forward in the Courts.

Most sensible women know that involving Police in matrimonial disputes is a recipe for disaster for everyone concerned. The moment a woman enters a police station for petty marital grievances; her marriage is over for all practical purposes. In most cases, where a woman decides to enter the police station, she already made up her mind about terminating the marriage. Now, all she is looking for is the best bargain to get out of the matrimony. These women, who walk into police stations to complain against their husbands or in-laws, are often the abusers, the aggressors and the victimisers masquerading as victims. They have mastered the art of exploiting the gender card to their advantage in every situation.

Enter CAW cell. The so called mediators of CAW cells know the truth about these abusers. In fact, they are the enablers of these abusers. With their “batons” parked on the head of the husband, they start their mediation. Mediation is nothing but arriving at a bargaining price to avoid false charges and/or police brutality. What sort of mediation is this, carried out under the threat of Police Brutality? Can any settlement obtained under such a threat be termed a genuine and fair settlement?

The role of Police is to uphold law and order. When a crime is reported, their job is to investigate and bring charges against the accused to be tried in a court. If indeed a woman complained of harassment or domestic violence, the police’s job is to remove her from the threatening situation and put her in a safer shelter and then investigate her claims. Mediation in marital disputes should not be and cannot be in the charter of the police. This practice is illegal and illegitimate.

The threat of Police Brutality, often starting at the CAW cells, is the single biggest cause for the increasing numbers of suicides of married men in India. This detestable practice of mediating marital disputes in Police Stations must be deprecated, discouraged and discontinued. Batons must be used to maintain law and order and to prevent crime and terrorism; and not for blackmailing defenseless citizens. Batons and counseling are incompatible with each other, other than in the case of legalized extortion as is happening in these notorious CAW cells.

Men are urged to boycott these counseling sessions in the CAW cells. If indeed a crime is committed, let them file an FIR, let the matter be investigated by the police and tried by the courts. If woman’s life is in danger, let the police remove her from danger and place her in a safe shelter. CAW cells cannot be used to short circuit the constitutional protection of due process for the hapless men.

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4 Responses to “Batons to Counsel? CAW Cells Turn to Extortion Hells”

  1. The Sentinel Says:

    CAW cells are ridden with corruption and known for being centers of extortion.
    Justice Dhingra had defined the powers of the CAW cells.
    You can read about that here: http://bit.ly/h8K73

    The police should never be involved in settling marital disputes. I mean, they are the Indian police, renowned for their corruption and abuses — an organized criminal unit — not a law enforcement agency.

    Justice Dhingra had jailed a corrupt CAW cell officer. You can read about that here: http://wp.me/p3ElR-bV

  2. Sam Says:

    http://www.tribuneindia.com/2005/20050307/delhi.htm#1

    Court declares CAW Cell illegal
    Cell cannot take up work like conciliation

    Tribune News Service

    New Delhi, March 6
    The Delhi Police have found itself in a piquant situation with the entire working of the Crime Against Women (CAW) Cell in the national Capital being declared “illegal” by a local court, which has held that the cell had been functioning in contravention of the law of the land.
    “The entire working of the CAW Cell is entirely illegal and is against the settled principles of the law. A statutory agency (CAW Cell) cannot justify its action on other grounds if it is violative of the statute itself,” Metropolitan Magistrate Pratap S. Malik said.
    Agreeing that the Commissioner of Police does have the power to set up such cells, the court, however, said any statutory creation by the Commissioner of Police has to be within the amplitudes permissible under the Delhi Police Act. “They cannot go beyond the ‘policing’ i.e. they cannot, for any reason, whatsoever, be anything more than being responsible for maintaining public order,” Malik noted.
    The order implies that CAW cell cannot take up work like conciliation. The order has created a strange situation for the Police Department as the CAW Cell, set up in 1983 under Section 19 of Delhi Police Act, handles about 8,000 to 10,000 complaints received from women every year.
    Asked whether the Police Department would challenge the order, Delhi Police Commissioner K. K. Paul said: “We are examining it. There are other judgments also…,” he said
    Under the Delhi Police Act, the Commissioner of Police cannot constitute a cell and ask it to provide better civic amenities in place of the Municipal Corporation of Delhi. Nor any cell constituted by the Commissioner of Police can facilitate ‘better team management’ in place of BCCI with an object to improve the performance of Indian Cricket Team. The good objective does not justify the transgression of the parent state (Delhi Police Act), the court observed.
    Instead of straightaway registering FIRs on complaints lodged by women as required under CrPC, CAW Cell conducts an “inquiry” to examine the details of alleged offences against women, provide assistance in case the complainant wants reconciliation, pin-point the guilty, collect evidence for prosecution and prevent miscarriage of justice.
    During the inquiry it follows its own procedure (and not the Criminal Procedure Code) to identify the nature of offence, collection of evidence and examination of witnesses. According to the Delhi Police, this is because the Cell is not an SHO in the eyes of the law and a case is registered in a cognizable matter only after conciliatory efforts fail.
    “The complaints are usually much exaggerated and the CAW Cell first sifts the chaff from the grain and only the real facts are brought on record…If complaints are registered straightaway then the immediate arrest of the accused would cause irreparable damage to the relations between the parties,” the Police had submitted before the court.
    Terming it untenable under the law, the court said it can easily be done during investigation after lodging an FIR. The court said law enforcing agencies cannot on their own substitute a more just and equitable code of procedure and pointed out that the apex court has said in several cases that FIR must be registered immediately after the incident.
    Meanwhile, sources said the order has sent shock waves through the Department and the Police Commissioner’s Legal Advisor R. S. Ghumman has sought Delhi Government’s “legal opinion” as the Cell was involved in “reconciliatory” efforts, which the court felt was beyond the purview of “policing”.

  3. Krishna Says:

    Read below the full text of the reasoning used by the courts in exposing the illegality of the CAW cells and CAW cell officers –

    http://www.lightinlife.com/lightinlife.articles/illegality_of_caw_cells.htm

    The main points raised are –
    1. It is not the point of botheration whether the Commissioner of Delhi Police can constitute C.A.W. Cell or not. The point of concern is that whether the C.A.W. Cell discharges its functions as per the Law of the Land or in contravention of it. It has been found that the working of the C.A.W. Cell is in total contravention of the law as ruled down by the Hon’ble Superior Courts. This Cell not only works against the law rather its working vitiates the process established by the law.

    2. If the C.A.W. Cell is not an SHO in the eyes of the law then it cannot receive the complaints in place of the SHO. They cannot cause the process U/Ch. XII CrPC be drooped on the peg of ‘Enquiry’. They have no power to decide about the cognizability of the complaint. Hence the categorization of the modes of ‘Enquiries’ by the Commissioner of Delhi Police for the offences U/Sec. 498-A and 406 I.P.C. are all baseless and arbitrary and is not sustainable in the eyes of the law.

    3. If the C.A.W. Cell is willing to ‘soothe’ the problem, it can do the same ‘in addition to the process U/Ch. XII CrPC’ and not ‘in place of the process U/Ch. XII CrPC’. The law, as discussed above, may give only that much room to the C.A.W. Cell.

    4. The sifting of chaff from the grain, in relation to the cognizable offences U/Sec. 498-A & 406 IPC by the C.A.W. Cell is not permissible under the Law of the Land at the Pre – FIR stage. The law is clear and unambiguous – lodge an FIR and investigate it. During investigation, the IO / SHO get very wide powers as discussed above. Calling the ‘Investigation’ an ‘Enquiry’ and defying law, as the C.A.W. Cell is doing at present is not permissible under the Law.

    5. The Hon’ble Superior Courts have already laid down the law that immediate arrest is not a sine qua non after an FIR. The arrest after an FIR is a delicate matter to be effected only in the circumstances as specified by the Hon’ble Superior Courts.

    6. It has been found that the Hon’ble Delhi High Court has already expressed its displeasure on the working on the C.A.W. Cell.

  4. Bhanu Says:

    In most cases this is not a gender biased problem…or matrimonial problem as seen by most ignorant readers. Criminals have formed syndicates to take advantage of the marriage laws of India and have organised themselves with expert lawyers, the local police stations, high and low ranking police officers, politicians, Judges and other Govt. Officials to lure NRI grooms into marriage through attractive fancy profiles in shaadi.com and other matrimonial intro web sites. Immediately after marriage the groom or sometimes the entire party of the groom get locked up in jail and his/their passport/s confiscated over complaints from the wife which in most cases blatantly appear false. Nevertheless the groom instantly becomes a victim of extortion. Attractive models, legal professionals, high end pimps, IAS & IPS officers and Judges are involved in this rapidly spreading menace all over India. The classy pimps service the top Govt and Judicial Offices with a string of super model class prostitutes and fantastic bribes. These gangs make easy money with the protection of the police, courts and the works. Many gangs are large targeting crores while others are smaller gangs opting for a few lackhs of rupees with the local Police station and other minor officials concerned in a smaller way. This evil has spread all over India. If you are looking for a bride, please do not seek brides through shaadi.com or any other matrimonial sites on line. You never know what evil lurks in the dark portals of these matrimonial sites. You are safer seeking a bride resident in your own country through family and friends or strictly look for a bride among families well known to yours in India. When organised crimes dealing in drugs, gambling, pornography and prostitution thrive all over the developed western world…why not use marriage as modus operandi to ransom crores? Government and Law professionals will be willing and eager to partner these syndicates for a piece of the pie without having to fear… as the use of marriage and divorce laws for criminal gain on the surface looks pure…and the idea of supporting a woman; whatever may be the case in marriage is praised with applause in the Indian society.

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