Dear Sir
The following information may kindly be read.
Crime against Women Cell, mostly referred to as CAW Cell, is also known as Mahila Thana or Parivar Pramarsh Kender in various states in India, though I will use CAW Cell for the sake of consistency. The primary job of these Cells is to bring about reconciliation between the warring couple. Mostly now a days in Dowry Harassment cases also known as 498a; cases or Domestic Violence cases. CAW Cells try to bring about reconciliation between the parties. In Delhi, the first CAW Cell was established in 1983 at Nanak Pura, under section 19 of Delhi Police Act, 1978. In a Delhi High Court Judgement by J. S.N. Aggarwal in a case between Smt. Jasbir Kaur and the Govt. of NCT Delhi, the petitioner asking for abolishing of the CAW Cells, the court while disposing of the petition remarked that
“The creation of CAW Cells for investigation of crime pertaining to women, in my opinion, does not cause any discrimination on the basis of sex for the CAW Cells have been constituted with a social purpose so that the crimes relating to women are dealt with sensitivity. CAW Cell is like any other specialized wing of the Delhi Police like Special Cell, Crime Branch, etc., where firstly an 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. Thus no fault can be found with the creation of CAW Cells.”
In other Judgements of Delhi High Court, it was held that CAW Cell can only make reconciliatory efforts between the parties that also up to the stage of pre- registration of FIR. The CAW Cell has no authority to secure the presence of any person either by coercion or by threat. CAW Cell is only a conciliatory body where efforts are made for conciliation with the free will of the parties. If any person is not willing to go to CAW Cell, he cannot be compelled. It is further held that CAW Cell, in future, instead of issuing summons to the parties shall send request letters asking them to appear for the purpose of conciliation and not for the purpose of investigation.
CAW Cells cannot take suo-motu action that means that the complainant has to visit the Cell and give her complaint in writing. After receiving a complaint, CAW cell examines the alleged offences followed by counselling session of the complainant. However, if the complainant is unwilling to take back the complaint, request letters are sent to the opposite party asking them to appear for the purpose of conciliation. In case of a matrimonial dispute, the complainant wife is asked to submit a list of istridhan kept at matrimonial house in case the wife is no longer staying with the husband.
Generally, when the husband visits the CAW Cell in Delhi for the first time, a counsellor tries to ensure patch up between the warring spouses. If there are any chances of a mutual reconciliation, the process is carried forward at future dates, else the husband is given a list of istridhan to be replied by the next due date given by the counsellor. It is most important that the husband should apply for the complaint through the RTI cell of the concerned CAW Cell. From a husband’s perspective, it is important to maintain calm and display confidence. Please be informed it has been noticed that the wife or any relative from her family might try to instigate the husband or his relative during the conciliation proceedings. The counsellor maintains the record of each proceeding and ensures the same is cross-signed by both the parties. It is in favour of the husband to attend each and every proceeding at CAW Cell. After a few meetings, generally between 5-7 meetings and after a meeting with the SHO/ACP of the CAW Cell, if there is no scope of any reconciliation between the spouses, the complaint is referred to the legal cell of the CAW cell. The legal cell goes through the complaint and makes its recommendations for filing of FIR at the concerned Police Station. From a husband’s perspective, this is the most appropriate time to seek a Notice Bail/ Anticipatory Bail.
Attending proceedings in CAW Cell is optional but it is advisable. Especially in Delhi, there would be problems in getting Anticipatory Bail if one does not attend reconciliatory proceedings at CAW Cell.
The procedures can vary in other states, i.e.
a. In Punjab, Haryana and Himachal Pradesh, no list is provided to husband generally and the same is brought by the Police while opposing the bail stating that recovery has to be effected.
b. In UP, as per the directions of the Allahabad High Court, FIR is registered immediately and then 30 days time is provided for reconciliation.
c. In Bihar and Jharkhand mostly cases are registered by way of complaint to the court, hence the reconciliation proceedings happen during a bail.
d. In Maharashtra, there are no CAW Cells and the FIR is almost instant in the Police Stations.
I would update the procedures adopted in other states as well and when I get some reliable information.
The crux is that CAW Cells/Mahila Thanas etc. are merely for reconciliatory efforts, and it is not prudent to run a mini-trial there with all the evidences. The activist mindset should be left behind as even after these proceedings the girl can give supplementary statement thereby countering your evidences. Evidences should strictly be used at the time of trial.