(Querist) 01 February 2010
This query is : Resolved
01. Can a Pregnant woman be asked to come to the police station for enquiry after 7pm and made to stay till 11.15 pm? Is this permissible, if yes under what circumstances?
If not permissible and if this has happened, can the pregnant woman now seek any answer why such an action was taken on her? how to seek a answer & from whom?
02. Can a father in law (72 years) who has personally come and given a complaint on his daughter in law (4 months pregnant lady of 26 years) refuse to come to the police station for enquiry stating he is a senior citizen, when called for by the officials, when particularly the residence of the father in law is only a 5-7 minute walkable distance from the police station?
Raj Kumar Makkad
(Expert) 01 February 2010
1. She cannot be called but why such lady didn;t resist such action at the appropriate time and if not resisted, has such lady courage to make complaint in writing against all erring police officials before HIGH COURT and if yes then this is the only best way to find the answer.
2. legally no but practically with the connivance of police authorities.
(Querist) 04 February 2010
Thanks for the response, its cleared my doubts
(Expert) 06 February 2010
The Supreme Court has given specific direction to the police, under a judgment, regarding enquiry and arrest of women. under the same, the police can not ask any woman to come to the police station after evening and since you were pregnant too, the same was more than unwanted. you lodge complaints to the senior police authorities about the episode. ill provide you the judgment soon.
(Expert) 19 August 2011
I am sorry for providing some wrong information as its not the Apex Court instead its the NHRC who has prescribed guidelines for arrest of women;
Guidelines on Arrest of Women : o As far as practicable women police officers should be associated where females are being arrested. Arrest of women between sunset or sunrise should be avoided. 42 o Women and girls should not be called to the police station or to any place other than their place of residence for questioning. 43 The time selected for questioning should not be intended to harass or embarrass the person being questioned. o It is the duty of the police officer making arrest to see that arrested females are segregated from men and kept in female lock-up in the police station. 44 In case there is no separate lockñup, women should be kept in a separate room.
be questioned in the presence of policewomen. 45 Body searches of females should only be carried out by women and with strict regard to decency. 46 As far as possible, one of the two or more witnesses to the search must be women. o Medical examination of women/girls should be carried only under the supervision of female medical practitioners 47 o All necessary pre-natal and post-natal care should be provided to females who are arrested. Restraints should only be used on pregnant women as a last resort. Their safety or the safety of their foetus should never be put at risk. Women must never be restrained during labour. 48
35 Article 7 International Covenant on Civil and Political Rights, 1966 36 Article 20(3), Constitution of India 37 S.162 Code of Criminal Procedure, 1973 38 Rule 199 of the Bombay Police Act, 1959, Vol.III 39 D.K Basu v State of West Bengal AIR 197 SC 610 40 Sheela Barse v State of Maharastra, 1983 2 SCC 96 41 D.K Basu v State of West Bengal AIR 1997 SC 610 42 National Human Rights Commission guidelines on arrest 43 S. 160(1) Code of Criminal Procedure, 1973 44 Sheela Barse v State of Maharastra, 1983 2 SCC 96.8