Read Time: 06 minutes

Synopsis

The Delhi High Court on Wednesday sought the Central and State government’s respective responses on a plea seeking mandatory first information reports (FIR) in criminal complaints by women against their husbands alleging physical violence and other cognizable offences such as attempt to murder, grievous hurt.

A division bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula sought response from the Union of India, the Delhi Government and the Delhi Police. The bench said it will hear the matter next on November 22, 2023.

The plea sought directions to modify the 2008 and 2019 Standing Orders to ensure that “express consent” from complainants is taken before reference to mediation and reconciliation.

The plea was filed by four women who had suffered severe physical violence at the hands of their husbands for several years and had failed to get any recourse from the concerned authorities.

“It is their grievance that the practical implications of Standing Order No. 281 of 2008 (“2008 Standing Order”) and Standing Order No. 331 of 2019 (“2019 Standing Order”) give disproportionate emphasis on reconciliation between husband and wife, even in instances of severe physical violence and when serious non-compoundable offences of attempt to murder and grievous hurt are made out”, the plea stated.

The plea stated that when women go to the police station with complaints against their husbands or in-laws, they are referred to mediation. This is despite the fact that they show clear signs of physical abuse, the petitioners alleged.

The plea further stated that the Standing Orders have led to a situation wherein when married women face severe forms of violence at the hands of their husband and/or in-laws and they try to seek help from the police, they are asked to approach the CAW Cells for reconciliation/mediation and no FIR is registered and/or no criminal investigation is conducted on their complaints.

"Failure of the authorities to take cognizance of these serious offences, despite the unwillingness of the women to reconcile, results in the perpetuation of violence against them and the continuing violation of their basic fundamental rights under Articles 14, 15, 19, and 21 of the Constitution of India," it stated.

Further, the plea stated that serious allegations of attempt to murder and grievous hurt are treated just as other offences under Section 498A of the IPC when the allegations are made by a married woman against her husband and/or in-laws, as opposed to independent offences under Sections 307 (attempt to murder) or 323 (grievous hurt).

“There was no legislative intent to prohibit a married women from invoking an offence under the IPC against her husband, barring that of rape, which provides for a clear and specific exception”, the plea read.

The petition has been filed through Advocates Roshni Shanker, Nilotpal Datta, Aparimita Pratap, Anushka Baruah, Priyanka Prasanth, Pooja Malhotra, Jamyang Lhamo and Nilanjan Dey.

Case Title: Sangeeta & Ors. v. Union of India & Ors.