What is CAW Cell:
In Delhi (CAW Cell) Crime Against Women Cell was established in
1983, under section 19 of the Delhi Police Act, in all 9 police districts to
deal with crime against women.
CAW cell after receiving a complaint from women examines the
alleged offence against the women, provide assistance in reconciliation and
prevents the miscarriage of justice, instead of straightaway
registering FIRs on complaints lodged by women .
Generally CAW cell receives complaints against the dowry
harassment and thus CAW cell has got greater role to play in saving the family
values and solving the disputes between spouse and thus to bring unity and
strength in family.
During the examination of the complaint of women and inquiry, CAW
cell does not follow the procedure of Criminal procedure code and a case is
registered in a cognizable manner only after the conciliatory efforts fails.
There had been days, when after filing a complaint by women
relating to dowry harassment, police used to register an FIR and and the police
and court use to take prosecuting measures against in-laws of the complainant
and there had been side effects of the dowry related laws in the form of its
misuse.
As a result of the same CAW cell was created by Delhi Police in
Delhi and also in several states in order to make a conciliatory efforts and
thus to save the family values and bonding. Its really a good concept /step as
once an FIR is registered after a complaint, by police it becomes almost
impossible and difficult to go for conciliatory efforts and thus to save the
family.
It's Misuse:
As one say "There is always threat for misuse of law, which
otherwise meant to serve the interest of justice", there has been
instances where this authority has also been misused. There has been instances
of exaggerated complaint and one may easily argue about some one approaching
the CAW Cell only to settle scores.
The formation of CAW Cell was challenged in
Smt. Jasbir Kaur ...... Petitioner
Versus
State (Govt. of NCT Delhi) ......
Respondents& Ors.
Court observed:
"CAW Cell is like any other specialized wing of the Delhi
Police like Special Cell, Crime Branch, etc., where firstly attempt is made to
bring about unity between the two spouses so as to make the marriage a success.
On the failure of these reconciliation attempts, the law is allowed to take its
course."
.........
There are misconception about the power enjoyed by the CAW Cell,
which sometimes result in panic. Our Hon'ble court time and again has
made clear about the powers of the CAW Cell.
What court says:
W.P. (Crl.)1045/2007
"CAW Cell has no power to investigate the crime. It is not a
police station where FIRs are registered. Investigation in any crime
can be done only after registration of FIR. CAW Cell only makes re-conciliatory
efforts between the parties that also up to the stage ofpre- registration of
FIR. The investigation can also be done by CAW Cell if it is referred to it
after registration of FIR.
W.P. (Crl.) No.849/2007
CAW Cell is an agency created to make efforts for reconciliation
between the families before initiation of criminal proceedings on the complaint
of the wife. The petitioner is at liberty not to appear before the CAW Cell. No
coercive action can be taken by the CAW Cell, compelling an unwilling person to
put in appearance before it. CAW Cell can conduct proceedings only where both
the parties are ready and willing to join the proceedings voluntarily.
..........
Criticism
Although its a measure aimed to fulfil the purpose as discussed,
there are criticism from several quarters about its role as counselling and
conciliatory body. Because:
- The Police are not trained to carry out the counselling and
conciliatory efforts.
- As the Police are not trained there are always space for police
taking its threatening measures and making matters worse.
- After the completion of conciliation it is not guaranteed that a
women would not be again harassed.
- The intervention of the police may result in
morehighhandedness and increased abuse towards complainant.