Court Order Against Women Complaint to Police.

CHENNAI: The First Bench of the Madras High Court has restrained the
Greater Chennai police from receiving and investigating dowry
harassment complaints without referring them to Dowry Prohibition
Officers.

The Bench, comprising Chief Justice Markandey Katju and Justice A.
Kulasekaran, gave the interim injunction restraining the City Police
Commissioner and his subordinates on a public interest litigation
petition filed by advocate S.V. Ramamurthy on Wednesday.

The petitioner said the Government framed the Tamil Nadu Dowry
Prohibition Rules, 2004, and consequently appointed Dowry Prohibition
Officers.

The District Social Welfare Officers who have been designated as
Dowry Prohibition Officers are duty-bound to accept complaints and
investigate them.

Stating that the role of the police officer came only when the case
was referred to court for prosecution, Mr. Ramamurthy said the Home
and the Social Welfare Departments were not implementing the law. .

Referring the complaint


Police officers can take action in case of punishment for cruelty by
the husband or relatives of the husband as it is likely to drive the
woman to commit suicide or cause grave injury, the petitioner said,
adding, "if a complaint to police relates to dowry then the police
must refer the portion of the complaint to the Dowry Prohibition
Officer who is to receive complaints, investigate and lay charge
sheet in court."

The Tamil Nadu Dowry Prohibition Rules provide for the designated
officials to mediate or conciliate with a view to restore harmony
between the couple and their families, the petitioner said.

"On the other hand, the nature of duty of the police is quite
different as they will investigate, take statements and launch
prosecution to get conviction."

No authority


Narrating his own experience, after being accused of harassing his
daughter-in-law, the petitioner said the City Commissioner of Police
had no authority under the provisions of the Act to receive any
complaint regarding dowry.

The Inspector of Police who investigated the matter had no power to
probe any offence regarding the alleged dowry demand, he said.

He said many persons were placed in a similar situation, and
added, "the dowry complaint has to be properly inquired into by the
competent government machinery and not by an officer of the police
department at the initial stage ... Otherwise, the purpose of
enactment of the Act will become infructuous."

He prayed for a direction to the Home and Social Welfare secretaries
to engage the services of the Dowry Prohibition Officer without the
interference of police officials and sought an interim injunction
restraining the Commissioner and his subordinates from receiving and
investigating dowry harassment complaints.

http://www.hindu.com/2005/09/29/stories/2005092916900400.htm