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Exit Conference Performance Audit on ‘ Prevention of Crime against Women in Rajasthan ’

Exit Conference Performance Audit on ‘ Prevention of Crime against Women in Rajasthan ’ Pr. AG (GSSA) Rajasthan Jaipur Date: February 15, 2019. Agenda. Introducing the topic Status of Rajasthan vis-à-vis Crimes against Women Applicable Acts, Laws and Stakeholders Audit Report

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Exit Conference Performance Audit on ‘ Prevention of Crime against Women in Rajasthan ’

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  1. Exit Conference Performance Audit on ‘Prevention of Crime against Women in Rajasthan’ Pr. AG (GSSA) Rajasthan Jaipur Date: February 15, 2019

  2. Agenda • Introducing the topic • Status of Rajasthan vis-à-vis Crimes against Women • Applicable Acts, Laws and Stakeholders • Audit Report • Scopeand Methodology • Observations • Recommendations PA on Prevention of Crime against Women

  3. Introduction • Rajasthan was among top four states with respect to number of crimes against womenduring 2012-16. Crime rate (per lakh female population) in Rajasthan (78.30) was higher than National average (55.20) and its neighboring states Gujarat (28.70), MP (71.10) and UP (47.50). • Incidents of crime against women registered a growth of 16.51% during 2012-17. • Rape, assault on women with intent to outrage her modesty, cruelty by husband or his relatives, kidnapping/abduction of women, dowry death constitute 96.07% of total crimes during 2012-17. • Despite enactment of nine special & local laws catering to specifically to atrocities & crimes against women, cases registered with police under them were only 1.17% during period 2012-17. • However 1,61,857 cases of crime against women are registered under various section of IPC. • Therefore, it may be inferred that either people were not aware of special laws or the enforcement authorities were not registering crimes under these laws. PA on Prevention of Crime against Women

  4. Acts: IPC and Special and Local Laws PA on Prevention of Crime against Women

  5. Stakeholders involved Mainly 5 Departments and 2 Commissions are involved in prevention of crime against women. Departments: Women Empowerment Department Social Justice and Empowerment Department Department for Child Rights Home Department Rajasthan State Legal Service Authority (RSLSA) Commissions: Rajasthan State Commission for Women and Rajasthan State Commission for Protection of Child Rights. PA on Prevention of Crime against Women

  6. Scope of Audit and Methodology • Performance audit covers period of 5 years fromApril 2012 to March 2017. • 8 districts (out of 33), 11 police districts (out of 40) and 47 police stations (out of 861) wereselected for test check. • Records of RSLSA, 9 DLSAs (out of 35), State FSL including 3 (out of 7) Regional FSLs weretest checked. • To assess the impact of efforts to create awareness in society, feedback survey of 80 Sathins and 140 beneficiaries was also conducted during Audit. • An Entry Conference was held on 29 June 2017. • Factual Statement was issued on 25 June 2018 and Draft Paragraph was issued on 17 September 2018 to all the stakeholders. Reply is still awaited fromRajasthan State Legal Services Authority. PA on Prevention of Crime against Women

  7. Audit Objectives • Whether the efforts of the Women Empowerment Department to prevent crime against women like domestic violence, sexual harassment at workplace, child marriage and witch-hunting were adequate and effective? • Whether the efforts of the Social Justice and Empowerment Department towards prevention of the evil practice of dowry and management of shelter homes, implementation of rehabilitation schemes were adequate and effective? • Whether the efforts of the Department for Child Rights towards protection of children from sexual offences and management of shelter homes were efficient and effective? • Whether the efforts of the Home Department to create awareness, conduct prompt and effective investigation in all crimes against women and to prevent immoral trafficking of women, indecent representation of women and the evil practice of sati were adequate and effective? • Whether necessary assistance and compensation were adequately and timely provided to the victims by the Legal Service Authorities? PA on Prevention of Crime against Women

  8. Women Empowerment Department WED is nodal department for implementation/monitoring of: • Rajasthan State Policy for Women 1996 and Rajasthan State Policy for the Girl Child 2013. • The Protection of Women from Domestic Violence Act, 2005; • The Prohibition of Child Marriage Act, 2006; • The Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act, 2013; and • The Rajasthan Prevention of Witch-hunting Act, 2015. • MahilaSuraksha and Salaha Kendra(Grant and Regulation) Scheme. WED performs its operational functions through: • 33 Assistant Directors at district level, 248 Pracheta at PanchayatSamiti level and 9894 Sathin at Gram Panchayat level. Rajasthan State Commission for Womenalso investigates and examines the legal safeguards provided for women and recommends to the Government for their effective implementation. PA on Prevention of Crime against Women

  9. Rajasthan State Policy for Women/Rajasthan State Policy for the Girls Child • An integrated work plan based on inputs from all other departments was not made by WED during 2012-17. The WED did not make efforts for obtaining the plans for consolidation during 2012-17. GoR’s reply:New state policy for women is under consideration. • Annual Plans of WED itself, were also incomplete as inter-district and inter-community differences with time frame and adequate budget were not included. • A consolidated action plan for achieving an enabling environment for protection/empowerment of the girl child was also not prepared even after lapse of 5 years of notification of Policy. GoR’s reply:efforts are being made for getting action plans from concerned departments for preparing consolidated action plan under State Girl Child Policy. BACK PA on Prevention of Crime against Women

  10. The Protection of Women from Domestic Violence Act • There was lack of awareness in society and gender sensitization/ awareness training of government officials. GoR’s reply:efforts will be made for awareness through electronic media. One-day workshop was organized for protection officers (2014-15)/police personnel (2016-17). • Enforcement of the Act suffered for want of separate Protection Officers (POs) as their duties were additionally assigned to Assistant Directors (ADs) in all district. Post of ADs were lying vacant in 10 districts as of March 2017. GoR’s reply:orders were issued for performing the functions of PO by DDs of ICDS, DPOs and Prachetas till POs are appointed and recruitment of POs is under process. • No meeting organised by WED for coordination with other departments dealing with law and order, health and human resources during 2012-17. GoR’s reply: issues were discussed in the meeting of State Steering Committee. Reply is not tenable as only selection and functioning of MSSKs were discussed in the Committee. All stakeholders are not included in this committee. BACK PA on Prevention of Crime against Women

  11. The Prohibition of Child Marriage Act • Creation of awareness suffered due to non allocation of budget in test checked districts. GoR’s reply:more efforts will be made for creating awareness through print media, electronic media, Doordarshan, etc. • Efforts for creating awareness were not adequate. 35.40% girls were married under 18 years of age compared to national average of 26.80% (NFHS-4 (2015-16)). • Enforcement under the Act suffered as there was no mechanism available to ensure that child marriages are not solemnised. GoR’s reply: CMPOs instructed to follow up cases of Child Marriages that were prevented. • Quarterly returns regarding incidents noticed and action taken by the CMPOs were not submitted to the District Magistrate . GoR’s reply: all concerned officers are again instructed for submission of Quarterly Progress report. • Inspection of marriage registration officers were not carried out by Child Marriage Prohibition Officer. BACK PA on Prevention of Crime against Women

  12. Sexual Harassment of Women at Work Place (Prevention, Prohibition and Redressal) Act • Institutions having employees less/more than 10 not identified/mapped by WED. GoR’s reply: letters have been issued to all Collectors/SPs for constitution of ICC at all governmental/non-Governmental workplaces. No reply regarding mapping/identification. • Nodal Officers designated in only 21 districts as of March 2017. GoR’s reply: instruction has been issued to District Officers for nomination of nodal officers in the districts. • ICCs constituted in only 19 (10 public & 9 private) out of 47 inspected workplaces and only 15 out of 47 test checked PSs. • Gender sensitisation training organised in 3 out of 19 workplaces (where ICC was formed). GoR’s reply:training programme was organized for the members of ICC/LCC in all the districts. Reply in not tenable as no corroborative evidence was submitted with the reply. • No annual progress report was submitted by any of the test checked workplaces. • No fine was imposed against the defaulting institutions even after lapse of 4 years of notification of the Act, indicating weak enforcement of the Act. BACK PA on Prevention of Crime against Women

  13. Rajasthan Prevention of Witch-hunting Act • The department failed to identify vulnerable areas of witch-hunting and did not set-up awareness centre. GoR’s reply:District Administration has been instructed (February 2018) to identify vulnerable areas within one month. Awareness activities are being carried out presently through Sakhi Centre, MSSKs and DLSAs. Reply is not convincing as no evidence was produced with the reply. • Department did not make efforts to encourage NGOs to establish awareness centres in any of the district to educate the public. • Police Department data show 31 incidents of witch-hunting during 2015-17 however, in reply to Rajasthan VidhanSabha question, Home Department reported189 such incidents during 2015-17, indicating not only significant prevalence of this practice but also misreporting by authorities. BACK PA on Prevention of Crime against Women

  14. Mahila Suraksha evamSalaha Kendra (MSSK) • NGO run MSSKs established in 40 Mahila PSs to provide counseling, settle disputes through ADR. • Out of 11 test checked MSSKs, 3 MSSKs (Bharatpur, Pali and Tonk) were not in operation for 12 to 45 months due to non selection of NGOs; • basic facilities like separate counselling room (6), drinking water (7), separate female toilets (9) etc. were not available; • Male/female constable not deployed in 6 MSSKs for 24 to 60 months. Legal Counsellors were not appointed by the NGOs in two MSSKs at Kota City (2013-17) and Jaipur West (2014-17). • Inspections of MSSKs not conducted by the Protection Officers (90.96%) and Deputy Directors (89.89%) during 2012-17. GoR’s reply: letter has been issued (October 2018) to Home Department for providing necessary infrastructure for MSSKs and deployment of manpower. However, no reply furnished by Home Department in this regard. BACK PA on Prevention of Crime against Women

  15. Impact of Prachetas/Sathinsin creating public awareness • Prachetas/Sathinsare grass root workers for creating awareness and providing assistance to the women in need. • Only 54 Prachetas (21.77 %) available against 248 Prachetasas of March 2017. Prachetawas not deployed in any block of 4 out of 8 test checked districts. GoR’s reply: posts of Lady Supervisor have been created (May 2017) at block level after abolishing the post of Pracheta and their recruitment is under process. • No specific space, other facilities earmarked for Prachetas. • Sathins not aware about relevant sections of IPC (80.00%) , provisions of Special and Local Laws (76.25%), location and assistance available at MSSKs (40.00%); Child Marriage Prohibition Officers in their area (71.25%). • 87.50% Sathinswere not imparted training about their duties and responsibilities and knowledge of various acts related to women’s cause. GoR’s reply:Refresher course for 15 days is being prepared after incorporating various Acts and Laws related to women and girl child and refresher training to sathins would be provided from 2019-20. • Due to the above mentioned deficiencies, large number of beneficiaries (from feedback survey) were not made aware about various Special and Local Laws/Indian Penal Code and punishment there under, assistance and relief available, legal aid and services of Para Legal Volunteers etc.BACK PA on Prevention of Crime against Women

  16. Rajasthan State Commission for Women • Out of 33 districts, no public hearing for on-the-spot resolution of complaints was organized in 16 districts during last 3 years (2014-17) and in 5 districts during last 4 years (2013-17). • The Commission could not organize 17 (56.67% shortfall) out of targeted 30 meetings, due to non nomination of members/chairman. GoR’s reply: efforts will be made for conducting meetings in time. • No progress report was submitted by the WED to Rajasthan State Commission for Women during 2012-17. • The status of acceptance/implementation of recommendations of the Commissionrelated to women empowerment/ prevention of atrocities against the women was not available with WED, Police and other Departments. Recommendations PA on Prevention of Crime against Women

  17. Recommendations • For effective implementation of ‘The Rajasthan State Policy for Women’, WED should prepare an integrated work plan for women's development based on inputs from all other departments duly considering the inter-district and inter-community differences. • Department should prepare a consolidated state action plan as per the ‘Rajasthan State Policy for the Girls Child’. • For enforcement of the Act, the WED may ensure that the created posts of POs are filled with qualified professionals and are not managed by other government functionaries with additional charge. • Department may ensure creation of adequate number of posts of CMPOsupto the block level. Further the practice of holding the additional charge of CMPOs by other government functionaries should be discouraged. • As check of actual solemnization of child marriages is an important and time consuming task to be performed under the Act, CMPOs should be provided with adequate infrastructure. NEXT PA on Prevention of Crime against Women

  18. Recommendations • Department may ensure that all Public and Private Institutions having employees below or above 10 are mapped and Internal Complaints Committees are established and functional. • WED should take adequate efforts to identify vulnerable areas of witch-hunting in the State and set up awareness centres by encouraging NGOs in these vulnerable areas to educate the public. • MSSKs need to be provided necessary support like female constables and basic facilities like separate counseling room, female toilets etc., by WED in coordination with the Police Department. • Rajasthan State Commission for Women may consider increasing the coverage of public hearings in all districts so that complaints of aggrieved women who are unable to travel can be resolved on the spot. • Prachetas at block level and ‘Sathins’ at Gram Panchayat level should be deployed in adequate number, imparted with periodic training and given earmarked space and adequate support for carrying out their functions. BACK PA on Prevention of Crime against Women

  19. Social Justice and Empowerment Department • SJED is responsible for implementation of the Dowry Prohibition Act, 1961. • Director, SJED is also responsible for providing assistance for rehabilitation and re-integration of victim women by providing shelter homes. Shelter homes covered in this PA are. • NariNiketans/Mahila Sadan, • Swadhar Grehs and • Ujjawala Scheme PA on Prevention of Crime against Women

  20. The Dowry Prohibition Act, 1961 • Public awareness not created against dowry due to non allotment of fund in test checked districts. GoR’s reply: the department organizes social welfare week every year in October and further stated that 17 July of each year would to be celebrated as dowry prohibition day. • Government did not provide manpower and infrastructure to Dowry Prohibition Officers to implement the Act effectively. • No surprise visit/check to prevent possible violations of the Act was conducted by any of the Dowry Prohibition Officers (DPOs) in 8 test checked districts. GoR’s reply: all DPOs have been instructed for compliance of the duties prescribed in the rules. • No Advisory Board constituted for advice/assistance to DPOs in any of the test checked districts. GoR’s reply: District Advisory Boards have been constituted in four districts and the District Collectors of other districts instructed for nomination of social workers in the Advisory Board. • None of the aggrieved persons or relatives for their grievances approached the DPOs instead preferred to approach either court or police. BACK PA on Prevention of Crime against Women

  21. Rehabilitation Scheme-NariNiketans/Mahila Sadan • Only 1-2 persons available against sanctioned 5 persons per NariNiketan in 3 test checked NariNiketans, for effective management of NariNiketans meant to provide shelter/relief. GoR’s reply: vacant posts have been filled up by deputing personnel and efforts are being made to fill up remaining vacant posts. • The posts of Probation Officer (PO) (Kota, Udaipur and Jaipur), Caretaker (Udaipur and Kota) and UDCs (Kota and Udaipur) lying vacant since April 2012 and in Bharatpur, since 2014-15. • No inspection of NariNiketans/MahilaSadan was conducted by Director SJED and Chief Inspector during 2012-17 except once in Jaipur by Director SJED. GoR’s reply: inspections were carried out by Director and Chief Inspector. Reply is not tenable as only one inspection of MahilaSadan Jaipur was carried out by Director, SJED in the checked NariNiketans. • Regular follow up of 1223 rehabilitated women was not carried out by any of the NariNiketans/Mahila Sadan. GoR’s reply: follow up of rehabilitated inmates is being carrying out regularly. The reply is not tenable as follow up of only 32 rehabilitated inmates were carried out by MahilaSadanJaipur. • BACK PA on Prevention of Crime against Women

  22. Rehabilitation Scheme-Swadhar Greh • Non-adherence to admission procedure of inmates by SwadharGrehs (run by NGOs) - no information forwarded to police; Ineligible women admitted;overstay of inmates. • Lack of suitability certification and security of the premises in SwadarGrehs. • Weak, non-transparent procedures - irregularities related to food expenditure and Salary payment. • Vocational/skill upgradationtraining not provided to inmates of any SwadharGreh. GoR’s reply: accepted the facts and stated that the agencies provided only skill upgradation trainings to inmates because they were not academically proficient to undertake courses under NCVT approved plan. • The District Women Welfare Committee was not constituted in Baran, Tonk and Udaipur districts, compounded by lack of monitoring/supervision of SwadharGrehs by Director SJED. GoR’s reply: district level monitoring committees have been constituted (December 2017) and monitoring is being done regularly. Reply is not tenable as evidence such as minutes of meetings were not provided to corroborate these claims.BACK PA on Prevention of Crime against Women

  23. Rehabilitation Scheme-Ujjawala Homes • Basic items of daily need like wearing clothes, toiletries and sanitary items etc. were not distributed to inmates. • Vocational training was not provided to inmates of two Ujjawala Homes Baran and Tonk. GoR’s reply:vocational training for sewing was provided to inmates. Reply is not convincing as vocational training from recognized institutes was not provided as per scheme guidelines. • Irregular re-imbursement toUjjawala Homes, Baran and Tonkon account of legal aid as no court case under consideration. GoR’s reply:accepting the facts stated (December 2018) that the payment on account of legal services was made by GoI. Reply is not tenable it is made on Department’s recommendation. • Lump sum cash payments made to inmates for medical care/counselling and children’s education instead of providing these services. • Feedback survey and records highlighted irregular payments on account of Clinical Psychologist/ Psychiatrist at Ujjawala Home, Baran as counselling was not provided. • The State level monitoring committee was not constituted at State level. Recommendations PA on Prevention of Crime against Women

  24. Recommendations 11. For effective implementation of the Act, SJED may provide separate funds to the Dowry Prohibition Officers (DPOs) for creating public awareness and to conduct surprise visits/checks to prevent possible violations. 12. SJED may immediately constitute district level Advisory Boards for advice/assistance to DPOs. 13. Considering that aggrieved prefer approaching either the court or the police rather than the Dowry Prohibition Officers, the SJED should strengthen the functioning and monitoring of the DPOs. 14. Since ‘NariNiketans/MahilaSadan’provide shelter and relief to women in difficult circumstances, SJED should provide adequate staff and ensure that regular follow up of rehabilitated women is carried out. 15. SJED should ensure close monitoring/ supervision of the SwadharGrehs and Ujjawala Homes so that these homes function smoothly and irregularities in payment and supply of food/consumables to inmates are regulated. BACK PA on Prevention of Crime against Women

  25. Department for Child Rights • The Department is responsible for implementation of the Protection of Children from Sexual Offences (POCSO) Act, 2012. • Rajasthan State Commission for Protection of Child Right (RSCPCR) monitors the implementation of POCSO Act in the state. • Child Welfare Committee (CWC) under the provisions of POCSO Act /Rules provides assistance to children who are alleged to be victims of sexual assault. • Department for Child Rights is also responsible for care and protection of child rights, rehabilitation and re-integration of girl child by providing shelter in BalikaGrehs. PA on Prevention of Crime against Women

  26. The Protection of Children from Sexual Offences Act, 2012 • The department did not create any publicity/awareness of the provisions of the POCSO Act amongst the public. GoR’s reply: Various books were distributed in the schools and posters were affixed in schools/police stations. Reply was not tenable as awareness activities not done on regular basis. • Periodic trainings regarding implementation of the provisions of the Act for police and other government officers not conducted during 2012-17 except one day training once in April 2015. GoR’s reply: 71 training programmes were organised during Nov2016 - Feb2019. Reply is not tenable as no corroborative evidence and details of participants not made available with the reply. • No coordination between the test checked CWCs, the Police and other agencies involved in the care and protection of children. GoR’s reply: There was regular coordination with concerned agencies. Reply is not convincing as no corroborative evidence regarding coordination meetings/interactions not made available with reply. BACK PA on Prevention of Crime against Women

  27. Rajasthan State Commission for Protection of Child Rights • Out of total 605 complaints received upto December 2017, 102 complaints remained pending as of March 2018. The age of pendency in case of 67 complaints ranged from one to seven years. • Details of inspections carried out by the Commission during 2012-17 of Juvenile custodial homes and BalikaGrehs run by Government or NGOs was not found on records. BACK PA on Prevention of Crime against Women

  28. Rehabilitation scheme- Balika Greh • Only 1-2 officials (against 5) available to run Governmental BalikaGrehsin Jaipur and Udaipur. GoR’s reply:cadre strength was under SJED and now is being transferred to own department. • Superintendent, counselor, child welfare officer/case worker posts vacant during 2012-17 in non-government BalikaGrehs, Uddayan Care Jaipur, MeeraNirashrit Udaipur,. • Deficiencies relating to basic facilities like non arrangement of school education for girls, inadequate medical facilities and non distribution of clothes were noticed. GoR’s reply:education provided to interested girls, medical facilities, clothes provided and instruction issued for proper record maintenance. However, evidence of the same not provided. • Inspection Committees were not set up at State and District Level till June 2017. GoR’s reply:Committees have been constituted. Reply is not tenable as two persons of voluntary organizations and social workers was not nominated in committees. • Against target of 552 inspections, only 30 inspections (5.43%) carried out by five CWCs.. GoR’s reply: inspections of child care institutions are being carried out. • No follow up of rehabilitated Girls (2,585) during 2012-17. • 13 girls absconded due inadequate security measures. 6 remain untraceable as of August 2018. GoR’s reply: efforts are being made for tracing of the absconded girls.Recommendations PA on Prevention of Crime against Women

  29. Recommendations 16.For effective implementation of the Act, Department for Child Rights may provide adequate funds for creating awareness among the public and mandatorily provide periodic training on the provisions of the POCSO Act to police and government officers. • Department for Child Rights should provide adequate manpower and basic facilities like waiting room for children/parents and room for interaction of Child Welfare Committees with victims/parents in all districts. • Department for Child Rights should ensure that the Government run BalikaGrehs are adequately staffed and provided with adequate infrastructure and security. • Department for Child Rights and the CWCs should increase supervision and monitoring of BalikaGrehs so that school education, better medical facilities, clothes as per norms and follow up of rehabilitated and discharged girls is ensured. BACK PA on Prevention of Crime against Women

  30. Home Department • Police under Home Department is responsible for enforcement of Law and Order. • ADGP(Civil Rights) is responsible for prevention and control of crime against women. • The functions of police are planning, awareness, timely registration and investigation of crime incidents and submission of challans to the courts for conviction of crime, Mahilaevam Bal Desk, deployment of manpower, Community Liaison Group, inspection and training school. • Police department is directly responsible for implementation of the Immoral Traffic (Prevention) Act, 1956; the Indecent Representation of Women (Prohibition) Act, 1986 and the Commission of Sati (Prevention) Act, 1987 in the state. PA on Prevention of Crime against Women

  31. Planning Crime against women increased from 21,985 (in 2012) to 25,614 (in 2017), the State stood at 4th rank during 2012-16. The share of crimes against women in total crime under IPCin Rajasthan increased from 12.23 % (in 2012) to 15.14 % (in 2016). State Police Commission, to analyse the crimes and suggest preventive measures, advise the Government to draw up a strategic plan for 5 year period,non-functional during 2012-17. Strategic plan for prevention of atrocities and violence against women was not found prepared by the department during 2012-17. Against GoI’s instructions (2015) of setting up of 29 Investigative Units for Crime against Women, none were set up upto February 2018 and only 7 units were established as of July 2018. BACK PA on Prevention of Crime against Women

  32. Awareness • Know Your Student–Know your Police programme was not implemented effectivelyin any of the test checked 11 districts except Tonk. GoR’s reply:the KYS-KYP programme was implemented and records were maintained. The reply was not tenable as it was not implemented in 10 test checked districts. 8 SP offices accepted that the programme was not implemented. • Under Self Defence Skill Programme, only 0.65 lakh girl students were imparted training in nine test checkedpolice districts which constituted merely 4.62 % of the total girls (14.07 lakh). GoR’s reply:Self Defense Skill programme was implemented in the state and training was imparted to 3.27 lakh girl students as of September 2018. The fact remains that 93.09 per cent eligible girls in the State were still not provided training. • Awareness activities of Drivers and Conductorswas not conducted in any test checked district. GoR’s reply: instructions have been issued (July 2018) to all SPs/DCPs for organizing meetings with them to make them aware about prevention of crime especially against women and girls. BACK PA on Prevention of Crime against Women

  33. Registration of cases • Unlike IPC offences, cases under SLLs are registered by police at their own initiative and enforcement of these laws has a definite deterrent effect. Cases under these acts represent proactive policing, the higher number of cases registered under SLLs indicate better enforcement. • The fact that only 1895 cases were registered under Special and Local Laws during 2012-17(1.17% of crimes registered under comparable IPC sections) is indicative of weak enforcement of the SLLs by police. • In test checked 11 police districts, significantly large share of cases were registered throughIstagasa(53.36%) and intervention of higher officers (4.04%) during 2012-17. GoR’s reply:victims registered more cases through Istagasaof their own choice, after taking legal advice. BACK PA on Prevention of Crime against Women

  34. Investigation • In test checked 47 police stations,as of March 2017, out of 16,434 cases relating to crime against women, 216 cases were pending for investigation while in 2,515 cases (15.30%) there were delaysfrom 60 to 1855 days in completion of investigation. • Delay (30 days to 735 days) in submission of challansto the courts in 1,113 cases (6.77%). • Delay (30 to 1431 days) in submission of Final Reports to the courts in 1,177 cases (7.16%). • In 2,515 cases (15.30%), approval of competent authority for extending the investigation beyond the prescribed period was not obtained by the IO. GoR’s reply:reasons for delays in submission of FRs/Challans were stay order of the court, overburdening of staff and delay in obtaining test reports from FSL. • In investigations of Dowry cases, Dowry items related to 365 cases were seized and lying without proper storage arrangement at four police stations, exposing them to dust, rain and sun light and increasing the chance of losses. GoR’s reply:accepted the facts and stated (January 2019) that instructions have been issued (August 2018) to all SPs/DCPs to direct respective SHOs for protecting the seized dowry items by at their level. NEXT PA on Prevention of Crime against Women

  35. Quality of investigation of cases Audit scrutiny of records of 665 rape/POCSO cases (out of 1,133 cases) in 47 test checked Police Stations during 2012-17 revealed that: • In 96 cases (14.44%) samples were not collected in police stations by investigation officers; • In 342 cases (51.43 %) samples of victims/offenders were collected with delays from 2 to 834 days; • In 63 cases (11.07%), samples (clothes, semen, swab, blood etc.) were collected and deposited in Malkhana, but not sent to FSL for forensic tests; • In 452 cases (79.44 %) samples were forwarded to FSL with delay from 2 days to 1,113 days; • In 222 cases (39.02 %), FSL delayed issue of examination reports from 43 to 1150 days. GoR’s reply:delay in collection/non-collection of samples to due to delay in reporting of incident and delay in providing samples to investigating officer by victims. Further, instructions have been issued time to time by the State Government/Police Headquarters for timely collection of samples.NEXT PA on Prevention of Crime against Women

  36. Quality of investigation of cases • Out of 6,527 rapes/ POCSO cases in test checked 11 police districts, no DNA test was conducted except in Kota city (four cases) and Udaipur (two cases). • Out of 1687 POCSO cases reported under six police districts, audio visual recordings was done only in 327 cases (19.38%) while none were was conducted in other five test checked districts. though 697 cases were registered under POCSO Act. GoR’s reply: accepted the facts and stated (January 2019) that action is being taken to provide necessary equipment for audio visual recording of statements of victim in POCSO cases. • Out of 76 reopened cases involving five major crimes against women in 10 test checked Police stations, 36 cases (47.37%) pertained to Mahila Police station Kota city alone, and in 29 of these, challans were submitted to court implying that the result of investigation had changed.   • MFUs utilized in only 4.81% serious cases (rape, POCSO, dowry death). The department failed to ensure optimum utilization of the MFUs for collection of evidence from remote scenes of crime. BACK PA on Prevention of Crime against Women

  37. Functioning of Mahilaevam Bal Desk Scrutiny of records of selected 36 test checked police stations and MahilaevamBal Desks revealed that: • Desks not found functional in 2 PSs (5.56%) due to want of the manpower, basic &other required facilities. • Female officer in charge of the Desk was not deployed in 33 (91.67 %) PSs out of remaining 34 PSs; • Separate room for counseling for victims was not provided in 15 PSs (41.67 %); • Basic facilities/infrastructures i.e. furniture & separate female toilet not provided in 21 PSs (58.33 %); • Records regarding medical services, shelter services, free legal aid, financial relief, psychotherapy, interpreter, teachers, legal and social services to victims were not found maintained in all Mahilaevam Bal Desks. GoR’s reply:shortcomings would be removed after availability of budget and manpower. Instructions have been issued to all SPs/DCPs for displaying the necessary information at police stations. BACK PA on Prevention of Crime against Women

  38. Manpower in Police Department • 1,50,920 police personnel were required to be deployed as per United Nations (January 2007) norms (220 police personnel per lakh population), State Government sanctioned 1,05,233 police personnel (69.73%) and only 89,487 police personnel (59.29 %) were available as of December 2016. • BPR&D reported that Rajasthan has only 122 police personnel per lakh population against average availability of 151 at national level. GoR’s reply: accepted the facts and stated (January 2019) that requisition for recruitment against vacant posts have been regularly sent to Home Department. • Against requirement of 31,570 (30%), women police personnel deployed was only 9.28 % (8,304 out of 89,487) during 2016.GoR’s reply:provisions have been made for maintaining 30 per cent women personnel at all levels in the Police Department through direct recruitment and candidates were being selected accordingly.BACK PA on Prevention of Crime against Women

  39. Community Liaison Group DGP’s order for constituting CLG at each police station for maintaining law and order and to act as bridge between various communities and police.In 36 test checked police stations of 11 police districts: • Members from weaker section and women were not included in the concerned CLG in five SP offices (45.45%) 23 police stations (63.89%). • Members as per norms were not included in the CLG constituted in two SP offices (Pali and Kota City) and 11 Police Stations (30.56 %). • Necessary training to CLG members was not provided in nine SP offices (81.82 %) and 24 Police Stations (66.67%). • Shortage of CLG meetings in eight SPs/DCPs offices (57-97%) and in 12 police stations (13-100%) • Records of CLG were not maintained and not made available to Audit for verification in SP Jaipur rural (2012-15), SP Udaipur (2012-14), SP Pali (2014-17) and nine police stations, • Half yearly review of the function of CLGs not done in seven out of 11 (63.64 %) SP offices.BACK PA on Prevention of Crime against Women

  40. Inspections and Training School • Shortfall of inspections carried out by SPs (70.63%), Additional SPs (46.63%) and Dy. SPs/ACPs/Circle Officers (88.33%) in nine police districts, • Against prescribed 13 inspections, only two inspections of PTS Kherwarawere carried out by the ADGP/IG (Training)/DIG Training/ Director RPA and Commandant during 2012-17. Similarly, only one inspection (against five) of PTS Bharatpur was carried out by ADGP/IG (Training)/ DIG Training/ Director RPA and Commandant during 2014-17. GoR’s reply:an order has been issued (August 2018) to Special Director General of Police, Administration and Law & Order, Jaipur for issuing directions to all SPs to complete inspections. • In the syllabus of training programmesorganized by the training schools Kherwara and Bharatpur, topics related to SLLs on crime against women were not included. GoR’s reply:instructions have been issued (November 2018) to Assistant Inspector General of Police (Training HQ) Jaipur for including topics related to Special and Local Laws on Crime against Women in Basic/Refresher/Promotion Cadre Courses. BACK PA on Prevention of Crime against Women

  41. The Immoral Traffic (Prevention) Act, 1956 • Of total incidents during 2012-16, 68.98% incidents happened in five police districts but no specific attention for prevention of trafficking was given in these districts. • Disproportionate deployment of police personnel - In five vulnerable districts (Dungarpur, Dholpur, Jodhpur (East), Udaipur and Alwar), much lesser staff deployed as compared to districts reporting nil or negligible incidents. • Shortage of staff (total ten police personnel per AHTU) in 42 functional Anti Human Trafficking Units (AHTUs) viz. Inspector (21.43%), Sub Inspector (28.57%), Head constables (36.90%), constables (19.44%) as of March 2017. BACK PA on Prevention of Crime against Women

  42. The Indecent Representation of Women (Prohibition) Act, 1986 • Out of total 171 cases registered during 2012-17 under the Act, 53.80% of the incidents were reported in only seven districts. • No case was registered by police on its own through search and seizure as mentioned in the Act. • Not a single case of indecent representation was discussed and sent to home department by ZilaMahilaSahayataSamiti (ZMSS) though there were 41 cases of indecent representation registered by the police during 2012-17 in the test checked districts. Recommendations PA on Prevention of Crime against Women

  43. Recommendations • Considering the high crime rate against women in State, there is an urgent need for the Department to draw up a strategic plan to drastically curb/reduce such incidents and augment the existing investigative capacity of the police by activating all the 29 planned Investigative Units for Crime against Women. • Department should set and monitor targets for creating awareness through programmes like KYS-KYP, Self Defence Skill programme and for meetings with drivers/conductors of taxies/buses. • In order to improve the trust of the public on police working, the Department should adequately train the police personnel to handle cases of crimes against women more sensitively so that the public approach the police directly without fear instead of the courts through Istagasa. • As Mahilaevam Bal Desk were set up to provide friendly and conducive environment to women and child to convey their grievances without fear and pressure, the Department should necessarily ensure a female officer to be the in charge of the Desk. NEXT PA on Prevention of Crime against Women

  44. Recommendations • For effective functioning of the Mahilaevam Bal Desks, the Department should provide separate room for counseling of victims, furniture, female toilets etc., in all these Desks. • Department may consider filling up the shortages in investigating staff (Inspectors/Sub-Inspectors/Assistant Sub Inspectors) and ensure that investigation of cases of crime against women are expedited. • As samples and DNA tests wherever mandatory are critical in rape and POCSO cases, the Police Department should ensure that samples from victims/ offenders are necessarily collected, sent for examination in time and reports collected timely. • In order to increase the efficiency of the Police, the Home Department should ensure better monitoring and supervision of the functions being performed by SPs, Additional SPs and Dy.SPs/ACPs/Circle Officers. BACK PA on Prevention of Crime against Women

  45. Rajasthan State Legal Service Authority • Rajasthan State Legal Services Authority Regulations 1999 provides for constitution of Legal Awareness Committees and Teams to function under the directions of respective Legal Service Authorities/Committees at Rajasthan High Court level, district level and taluk levels. • Member Secretary, RSLSA at state level and Secretary, DLSA at district level are responsible for providing free and competent legal services to the weaker sections of the society. • Compensation is providedthrough“Rajasthan Victim Compensation Scheme, 2011” to the victims or their dependent who suffered loss or injuries as a result of crime and who required rehabilitation. PA on Prevention of Crime against Women

  46. Legal Awareness Committee/Team and Camps • District level awareness teams (under Committees) were not constituted in Jalore district. Against requirement of 362 teams, 125 (34.53%) taluk level teams were not constituted as of March 2017. • Though 49,848 camps (79.88% of target) were organized by functioning awareness teams during 2012-16, the situation was poor in 14 districts as they were short by 11,178 camps (43.94%). • No publicity was made through video/documentary films about various legal service programmes by any of the 9 test checked DLSAs. • No legal literacy class was conducted in high schools and colleges on the issue ‘right of children and women’ by two DLSAs (Jaipur district and Bharatpur) during 2012-15. • Legal literacy camps were not organised on the occasion of women’s day annually in Jaipur rural (during 2013-16), Bharatpur (during 2014-15) and Pali districts (during 2014-15) by DLSAs. • Issues relating to ‘Indecent Representation of Women’, ‘Witch-hunting’ etc. were not covered in the legal literacy camps. BACK PA on Prevention of Crime against Women

  47. Legal Aid and Legal Aid Clinics • Only 10.01% legal aid applications were disposed off within prescribed limit of one month, and 21.17% applications were delayed for more than one year. In DLSAs Pratapgarh and Baran, not a single application was disposed off within the period of three months while DLSA Tonk and Bharatpur disposed off 56.77% and 66.67% application respectively after one year. • As of March 2017, in the State, RSLSA failed to establish 37.48% LACs against target of 11,037. In 9 DLSAs, 86.99% of 2,790 LACs were established but only 59.83% were functional. In 8 taluks, 80.06% were established against the target (346), but only 43.32% LACs were found functional. • Out of 861 police stations functional in State, PLVs were deployed in only 337 police stations (39.14%) by DLSAs as of March 2017. Not a single PLV was deployed in test checked police stations of Tonk and Pratapgarh districts. BACK PA on Prevention of Crime against Women

  48. Victim Compensation Scheme • Police Department data showed 46,077 registered cases under ‘rape’, ‘dowry death’, ‘kidnapping and abduction’ and ‘immoral trafficking of women and girls’ in Rajasthan during 2012-17. However, only 2644 applications (5.74%) were received in legal authorities for compensation and 1319 victims (49.89%) were paid compensation during 2012-17. • In nine test checked DLSAs compensation was awarded with delay of 2 to 6 months in 181 cases (33.64%) and more than 6 months in 211 cases (39.22%), including POCSO cases. • Compensation of ` 55.30 lakh was not paid to 26 victims of Jaipur district (18) and Jaipur Metro (8) even after being awarded in the meeting. • DLSA Pratapgarh did not put up 30 cases (rape, kidnapping, POCSO, etc.) for review in the meetings of DLSA (as of November 2017) after lapse of more than five years. • The shortfall of meetings during 2012-17 in DLSAs was 65.93%, in TLSCs was 86.88%. In two TLSCs Anta (Baran) and Sojat (Pali) no meeting was organized during 2012-17. Recommendations PA on Prevention of Crime against Women

  49. Recommendations • While promoting legal awareness in the society through legal literacy camps, the Legal Services Authorities may also consider including topics related to crimes against women such as Witch-hunting and Indecent Representation of Women. • The Legal Services Authorities may consider deploying Para Legal Volunteers (PLVs) in each police station to ensure assistance to victims of crimes against women. PENDING ISSUES PA on Prevention of Crime against Women

  50. Pending Issues • Reply of Rajasthan State Legal Services Authority is awaited • GoR’s response to Recommendations, for inclusion in the final report. BACK PA on Prevention of Crime against Women

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