The Problem of Domestic Violence in India: Advances in Law and the Role of Extra-Legal Institutions

Abstract

This chapter examines the issues of domestic violence in India. One of this chapter’s key arguments is that the problem of ending domestic violence in a society depends on its cultural perception about the status of women. During the Vedic period in India (1500–500 BCE), men and women were treated equally. Vedic women were educated, able to choose their mates, and held prominent positions. In addition, women distinguished themselves in science and learning, and even participated in philosophical debates and wrote some of the Vedic hymns. From the Smriti period (after 500 BCE), the status of women, however, began to be redefined. In the Smriti period, the most significant lawmaker was Manu. According to Manu, a woman should never be allowed to assert her independence. Girls must be in the custody of their fathers when they are young; women must be in the custody of their husbands after marriage; when a woman is a widow, she must be under the custody of her son. From the days of the Muslim conquest in India, women experienced a further deterioration of status. With the onset of modernization in India from the middle of the twentieth century, women began to be educated and began to enter the modern workforce. From the 1970s, in the context of the United Nations Convention on the Elimination of all Forms of Discrimination against Women (CEDAW) and the spread of the global women’s movement, many new laws to criminalize domestic violence in India were enacted such as the Dowry Prohibition Act of 1986, and the Protection of Women from Domestic Violence Act (PWDVA) of 2005. Many notable nongovernmental organizations (NGOs) on women issues were also established such as Mahila Samakhya Society (education for women’s equality; MSS), Ahmedabad Women’s Action Group (AWAG); International Center for Research for Women, Jagori (awaken women); and Society for Nutrition Education, and Health Action (SNEHA). But the sad and the alarming fact is that even after the enactment of many laws and the birth of many women NGOs, the incidence of domestic and intimate partner violence in India is still on the rise. Modernization that is based on the cultural principle of equality between men and women is still sharply conflicting with the traditional culture of the status of women in India.

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Journal of Contemporary Criminal
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DOI: 10.1177/1043986209333591
2009 25: 202Journal of Contemporary Criminal Justice
Sesha Kethineni and Murugesan Srinivasan
Police Handling of Domestic Violence Cases in Tamil Nadu, India
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202
Journal of Contemporary
Criminal Justice
Volume 25 Number 2
May 2009 202-213
© 2009 SAGE Publications
10.1177/1043986209333591
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Police Handling of
Domestic Violence Cases
in Tamil Nadu, India
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
Police 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 rela-
tives 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 domes-
tic 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 adul-
tery, 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.
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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 All-
Women 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
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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
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Kethineni, Srinivasan / Police Handling of Cases in Tamil Nadu, India 205
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.
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. 2000 17,71,084 1,28,320 7.2
2. 2001 17,69,308 1,30,725 7.4
3. 2002 17,80,330 1,31,112 7.4
4. 2003 17,16,120 1,31,364 7.6
5. 2004 18,32,015 1,43,615 7.8
6. 2005 18,22,602 1,55,553 8.5
Note: IPC = Indian Penal Code.
Table 2
Incidents of Various Crimes Against Women, 2000-2005;
Percentage Variation in 2005 Compared to 2004
Variation in
2005 Over
Crime 2000 2001 2002 2003 2004 2005 2004 (%)
Rape 16,496 16,075 16,373 15,847 18,233 18,359 0.7
Kidnap and abduction 15,023 14,645 14,506 13,296 15,578 15,750 1.1
Dowry death 6,995 6,851 6,822 6,208 7,026 6,787 –3.4
Dowry Prohibition Act 2,876 3,222 2,816 2,684 3,592 3,204 –10.8
Torture (cruelty by 45,778 49,170 49,237 50,703 58,121 58,319 0.3
husband)
Molestation 32,940 34,124 33,943 32,939 34,567 34,175 –1.1
Sexual harassment 11,024 9,746 10,155 12,325 10,001 9,984 –0.2
Importation of girls 64 114 76 46 89 149 67.4
Sati prevention 0 0 0 0 0 1 —
Immoral traffic 9,515 8,796 6,598 5,510 5,748 5,908 2.8
Indecent representation 662 1,052 2,508 1,043 1,378 2,917 111.7
of women
Total 141,373 143,795 143,034 140,601 154,333 155,553 0.8
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206 Journal of Contemporary Criminal Justice
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.
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Kethineni, Srinivasan / Police Handling of Cases in Tamil Nadu, India 207
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 3
Total Number of FIR and CSR Cases Registered, 2004-2006,
in AWPSs, Thousand Lights Area, City of Chennai
2004 2005 2006
S. No. Name of the AWPS FIR CSR FIR CSR FIR CSR
1. 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.
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208 Journal of Contemporary Criminal Justice
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 4
Types of FIR Cases Registered, 2004-2006, in AWPSs,
Thousand Lights Area, City of Chennai
S. No. Type of FIR Cases 2004 2005 2006 Total Percentage
1. Dowry Prohibition Act (1961; Sections 4 and 6) 20 9 2 31 43.1
2. Section 498A, Indian Penal Code (1860) 5 2 1 8 11.1
3. Section 4, Tamil Nadu Prohibition of Forcible 1 0 0 1 1.4
Conversion of Religion Act (2002)
4. Rape: IPC, Section 376 (1) 0 1 0 1 1.4
5. Tamil Nadu Prohibition of Harassment of 4 2 1 7 9.7
Woman Act (1998)
6. Other IPC 1 0 0 1 1.4
7. Immoral Traffic (Prevention) Act (1956) 10 0 0 10 13.8
8. 23(3) The Mental Health Act (1987) 0 5 1 6 8.3
9. Section 3, Dowry Prohibition Act (1961) 0 4 0 4 5.6
(The TNDP Rules, 2004)
10. Section 75 of The Tamil Nadu City 0 2 1 3 4.2
Police Act, 1888
Total 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 2004 2005 2006 Total Percentage
1. Dowry-related cases 64 36 23 123 13.1
2. Drunkenness by husband 107 59 53 219 23.3
3. Adultery by husband 42 27 2 71 7.6
4. Bigamy of husbands 0 10 9 19 2.0
5. Family quarrel 160 61 121 342 36.5
6. Seeking the custody of children 7 3 0 10 1.1
7. False promise of marriage 8 7 1 16 1.7
8. Eve teasing 4 8 0 12 1.3
9. Desertion by husband 0 2 18 20 2.1
10. Others 54 52 0 106 11.3
Total 446 265 227 938 100.0
Note: CSR = Community Service Register; AWPS = All-Women Police Station.
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Kethineni, Srinivasan / Police Handling of Cases in Tamil Nadu, India 209
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 6
Disposal of FIR Cases, 2004-2006, in AWPSs,
Thousand Lights Area, City of Chennai
S. No. Type of FIR Cases Year UI PT CON ACQ AD TRF OTH Total
1. The Dowry Prohibition Act 2004 0 6 0 3 3 8 0 20
(1961; Sections 4 and 6) 2005 0 5 0 0 1 3 0 9
2006 0 2 0 0 0 0 0 2
2. Section 498 A Indian Penal 2004 0 1 0 0 2 2 0 5
Code (1860) 2005 0 2 0 0 0 0 0 2
2006 0 1 0 0 0 0 0 1
3. Section 4 of Tamil Nadu 2004 0 0 0 0 0 1 0 1
Prohibition of Forcible 2005 0 0 0 0 0 0 0 0
Conversion of Religion 2006 0 0 0 0 0 0 0 0
Act (2002)
4. Rape: Section 376 (1) 2004 0 0 0 0 0 0 0 0
of IPC 2005 0 1 0 0 0 0 0 1
2006 0 0 0 0 0 0 0 0
5. The Tamil Nadu Prohibition 2004 0 2 1 0 1 0 0 4
of Harassment of Woman 2005 0 2 0 0 0 0 0 2
Act (1998) 2006 0 1 0 0 0 0 0 1
6. Other IPC 2004 0 0 0 0 1 0 0 1
2005 0 0 0 0 0 0 0 0
2006 0 0 0 0 0 0 0 0
7. The Immoral Traffic 2004 0 0 8 0 0 2 0 10
(Prevention) Act (1956) 2005 0 0 0 0 0 0 0 0
2006 0 0 0 0 0 0 0 0
8. 23(3) The Mental Health 2004 0 0 0 0 0 0 0 0
Act (1987) 2005 0 0 0 0 0 0 5 5
2006 0 0 0 0 0 0 1 1
9. Section 3, the Dowry 2004 0 0 0 0 0 0 0 0
Prohibition Act (1961) 2005 0 0 4 0 0 0 0 4
(The TNDP Rules, 2004) 2006 0 0 0 0 0 0 0 0
10. Section 75 of The Tamil 2004 0 0 0 0 0 0 0 0
Nadu City Police Act, 2005 0 0 2 0 0 0 0 2
1888 2006 0 0 1 0 0 0 0 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.
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210 Journal of Contemporary Criminal Justice
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
Table 7
Disposal of CSRs, 2004-2006, in AWPSs,
Thousand Lights Area, City of Chennai
Nature of Petitions Case Family Other
S. No. (CSR) Year Compromised Registered Court Disposala Pending Total
1. Dowry-related 2004 32 7 12 13 Nil 64
2005 21 4 5 6 Nil 36
2006 16 Nil 4 3 Nil 23
2. Drunkenness by husband 2004 46 2 17 42 0 107
2005 27 0 12 20 0 59
2006 44 0 2 7 0 53
3. Adultery by husband 2004 21 0 6 15 0 42
2005 19 0 2 6 0 27
2006 2 0 0 0 0 2
4. Bigamy 2004 0 0 0 0 0 0
2005 2 3 3 2 0 10
2006 4 0 2 3 0 9
5. Family quarrel 2004 92 0 20 48 0 160
2005 28 1 18 14 0 61
2006 84 0 13 24 0 121
6. Seeking the custody 2004 3 0 0 4 0 7
of children 2005 0 0 1 2 0 3
2006 0 0 0 0 0 0
7. False promise of marriage 2004 3 0 1 4 0 8
2005 1 1 0 5 0 7
2006 0 0 0 1 0 1
8. Eve teasing 2004 1 3 0 0 0 4
2005 3 2 0 3 0 8
2006 0 0 0 0 0 0
9. Desertion by husband 2004 0 0 0 0 0 0
2005 0 0 1 1 0 2
2006 15 0 0 3 0 18
10. Others 2004 19 0 2 33 0 54
2005 23 0 3 26 0 52
2006 0 0 0 0 0 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.
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Kethineni, Srinivasan / Police Handling of Cases in Tamil Nadu, India 211
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
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212 Journal of Contemporary Criminal Justice
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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Arora, K. (2007a). Protection of Women from Domestic Violence Act, 2005. New Delhi, India: Professional
Book Publishers.
Arora, K. (2007b). Protection of Women from Domestic Violence Rules, 2006. New Delhi, India:
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Kethineni, Srinivasan / Police Handling of Cases in Tamil Nadu, India 213
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 finan-
cial 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.
at ILLINOIS STATE UNIV on October 7, 2010ccj.sagepub.comDownloaded from