Last week, the Mumbai Police issued a circular directing all the police stations in the city to only register offence’s under POCSO in disputed matters after the same had been approved by the DCP along with recommendations from ACP.
Mumbai CP Sanjay Pandey clearly attributed this order with an aim to curb the registration of false cases. The order read:
The police noticed several cases under POCSO of molestation were registered over property disputes, old rivalry, financial transactions that went wrong or personal disputes.
In such cases, the accused were arrested without proper verification and it later came to the fore that the case was fake and then the accused had to be discharged under section 169 of the Code of Criminal Procedure (CrPC) (release of accused when evidence deficient).
Due to such arrest the accused had to undergo personal trauma and defamation in the society and his image in society is damaged.
The order also categorically stated that the DCPs will have to make sure that the judgement of the apex court in the case of Lalita Kumari v/s Government of Uttar Pradesh is followed while dealing with the offences which talk about registering offences.
Infact Mumbai CP also tweeted how it was difficult for police to close a false case, which consumed several days and weeks involving senior inspectors.
Actually if a wrong offence gets registered it’s a very difficult process to close this. And that was the main reason here. And scrutiny never meant days or weeks. Most cases all sit in same place Acp sr pi and Dcp so could be just a few hours. Anyways !!
Sure will consider. Actually if a wrong offence gets registered it’s a very difficult process to close this. And that was the main reason here. And scrutiny never meant days or weeks. Most cases all sit in same place Acp sr pi and Dcp so could be just a few hours. Anyways !!
— Sanjay Pandey (@sanjayp_1) June 11, 2022
However, due to immense pressure and backlash from The National Commission for Protection of Child Rights (NCPCR) & Women Rights Activists, Pandey was forced to tweet the below:
Been hectic last week. Seems some misunderstanding about our circular for scrutiny of some cases. We tried removing misuse however if majority feels otherwise we will surely relook.
Been hectic last week. Seems some misunderstanding about our circular for scrutiny of some cases. We tried removing misuse however if majority feels otherwise we will surely relook.
— Sanjay Pandey (@sanjayp_1) June 11, 2022
NCPCR Notice To Withdraw Order
The National Commission for Protection of Child Rights (NCPCR) and Maharashtra State Commission for Protection of Child Rights (MSCPCR) expressed disagreement with the circular, meant only for disputed matters. Both wrote to the police to immediately withdraw as it violated POCSO Act provisions.
The NCPCR’s letter to the Director General of Police and Mumbai Police said the commissioner’s order “will cause a serious infringement upon the right of victims of sexual abuse and cause undue delay for victims to their access to justice.” It also said the order is in violation of “the true objective and spirit of the POCSO Act.”
The NCPCR asked for the order to be withdrawn after the DGP’s office reviews it. It also asked for an action taken report to be sent to the commission in the next seven days.
Backlash From Women Rights Activists
As per a report by The Hindu, Sanjay Pandey was attending a virtual meeting organised by Majlis, a non-governmental organisation working to protect and promote rights of women and children. Pandey clearly justified his reason to pass such an order where he said,
I have friends who have known cases where children are being misused to settle property disputes.
He gave examples of how two brothers were stuck in a property disagreement and there were POCSO cases on both of them by either side. Read Full Case Here.
Talking about the circular that mentioned, “cases of molestation or sexual crimes involving minors should be registered only after recommendation from an officer of the rank of assistant commissioner (ACP) and permission from a DCP,” he said, the circular is sending a wrong message and that a timeline needs to be added to it.
Mumbai CP also added,
I am ready to appoint you (activists and lawyers) as special officers who will take full responsibility in such (POCSO) cases and direct the police officers to take the complaint. I assure you that it will be binding on the police.
He assured Maharashtra Child Rights Commission’s chairperson Sushiben Shah, noted advocate and activist Flavia Agnes and others that a new draft will be sent to them on or before June 13.
Mumbai CP is due to retire in next fortnight and he wants to take up this experiment before he exits.
Mumbai Police Likely To Withdraw Order
Mumbai Police is likely to formally withdraw the circular soon as it must give a reply and clarification to NCPCR and MSCPCR in the next seven days, reported Hindustan Times.
Currently, offences under the POCSO Act are cognisable offences and an FIR must be filed immediately as per the procedure given under the Criminal Procedure Code. The FIRs are filed on mere complaint with or without a medical.
Leave your comments on this below:
ON HOLD | @CPMumbaiPolice Circular To Curb False Cases Under POCSO Forced To Be Put On Hold By NCPCR, MSCPCR, Women Rights Activists@sanjayp_1 : "I've friends who hv known cases where children are being misused to settle property disputes"#VoiceForMenhttps://t.co/2jbl1gyLMB
— Voice For Men India (@voiceformenind) June 13, 2022
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