[IMC Bombay] an invitation
huright
huright at vsnl.com
Fri Dec 12 11:20:03 PST 2003
INVITATION
PUBLIC MEETING
"ARREST OF WOMEN - SUPREME COURT JUDGEMENT"
We invite you to a public meeting to discuss the Supreme Court Judgement relating to the arrest of women in State of Maharashtra Versus Christian Community Welfare Council of India on December 15th 2003.
On the 26th of August 1994, the Bombay High Court in a landmark ruling in Christian Community Welfare Council of India Versus Govt. of Maharashtra and another, held that:
"The State should ensure that no lady or female person is arrested without presence of lady constable and in no case, after sun-set and before sun-rise and if there are already rules or guidelines to that effect, these are to be strictly followed and complied with."
On the 15th of October 2003, the Supreme Court overruled this judgement in State of Maharashtra Versus Christian Community Welfare Council of India and another Respondent holding that:
"We think the object will be served if a direction is issued to the arresting authority that while arresting a female person, all efforts should be made to keep a lady constable present but in circumstances where the arresting officer is reasonably satisfied that such presence of a lady constable is not available or possible and/or the delay in arresting caused by securing the presence of a lady constable would impede the course of investigation such arresting officer for reasons to be recorded either before the arrest or immediately after the arrest be permitted to arrest a female person for lawful reasons at any time of the day or night depending on the circumstances of the case even without the presence of a lady constable."
A public meeting is being organised on the 15th of December 2003 to discuss the issues relating to this judgement. This judgement enables the police to arrest women at any time of the night or day. Further, it is no longer mandatory for the police to keep a woman police constable present when arresting a woman. This would affect women arrestees adversely. It is absolutely imperative that certain safeguards be put in place in order to prevent custodial violence against women.
Instead of progressing in terms of strengthening Women's Rights, this in fact seeks to erode Women's Rights further.
"This public meeting is just one step in our campaign against custodial violence."
Speakers : Meena Seshu Adv. Rajni Iyer
Venue: Y.M.C.A., Colaba, Near Regal
Cinema, Mumbai.
Date: 15th December 2003
Time: 5:00 pm
Meeting jointly organised by:
AAWAZ-E-NISWAN FORUM AGAINST OPPRESSION OF WOMEN
INDIA CENTRE FOR HUMAN RIGHTS AND LAW MAJLIS
OLAVA SAMARTHAN
SPECIAL CELL FOR WOMEN, TISS STREE MUKTI SANGHATANA
For further details call 022-23436692 / 23439651
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