Protection of Women against Possible Sex Harassment by Police Personnel in India !
As a law-enforcement agency the police owe a social and legal responsibility to protect women against crimes. However, with the increasing number of women and young girls coming in contact with the police either as complainants or as accused or as victims of crime, there is likelihood of police personnel misusing their power and authority and misbehaving or harassing the women for sex.
Therefore, adequate safeguards have been incorporated in the Code of Criminal Procedure, 1973 as also the Police Acts and Rules of the States for the protection of women against possible harassment by the Police.
Section 51(2) of the Code of Criminal Procedure provides that whenever it is necessary to cause a female to be searched, the search shall be made by another female with strict regard to decency.
ADVERTISEMENTS:
Section 160 of the Code provides that no male person under the age of fifteen years or woman shall be required to attend any place other than the place in which such male person or woman resides.
Section 437 of the Code of Criminal Procedure further provides for release of any woman, or any sick or infirm person accused of non-bailable offence to be released on bail even where the alleged offence is punishable with death or imprisonment for life.
Again, if a person of a woman has to be examined by the Medical Officer for the purposes of evidence, she should not be sent for such medical examination without her consent and without an order of a Magistrate.
The Jail Manuals and Police Acts of the States mostly contain a provision that while arrested woman is being escorted to jail, one of her male relative should be permitted to accompany the escorting party. In no case fetters shall be imposed on female offenders. Again, female inmates should be lodged separately from males.