

Enforce Stricter Implementation of Child Infanticide and Dowry Prohibition in West Bengal


Enforce Stricter Implementation of Child Infanticide and Dowry Prohibition in West Bengal
The Issue
We, the undersigned, urgently call upon the Government of West Bengal, State Law Enforcement Agencies, Judiciary, and Civil Society Organizations to address the ongoing crisis of child infanticide, dowry harassment, and domestic violence in the state. These heinous acts not only violate fundamental human rights but also cause immense harm to women and children, leaving them physically, mentally, and emotionally scarred.
A Call for Justice for Victims of Domestic Violence and Dowry Harassment
The systemic failure to address the issues of dowry harassment and domestic violence has led to a wide-reaching problem in West Bengal. Victims of these crimes often face not only physical abuse but are forced into silence, with no meaningful action taken to bring the perpetrators to justice. Despite laws in place to protect women, including those against dowry harassment and domestic violence, many victims are coerced into accepting settlements, without proper investigation or prosecution, thereby failing to receive the justice they deserve.
This grave injustice in West Bengal demands immediate action and reform to ensure that these laws are effectively enforced and that perpetrators are held accountable.
Statistical Evidence of the Crisis in West Bengal
The crisis of gender-based violence, dowry harassment, and child infanticide is alarmingly high in West Bengal, with certain districts reporting disproportionately high rates of such crimes. Here are some key statistics:
1. Dowry Deaths: West Bengal has consistently reported among the highest numbers of dowry deaths in India. According to the National Crime Records Bureau (NCRB):
--> In 2021, West Bengal accounted for 2,998 dowry death cases, making it one of the top contributors in the country.
--> The state reported a 7% increase in dowry deaths from the previous year, signaling a deep-rooted issue.
2. Domestic Violence: The number of domestic violence cases in West Bengal has also been on the rise:
--> According to NCRB data, there were more than 22,000 cases of domestic violence reported in 2021.
--> Reports suggest that the actual number of cases is likely much higher, as many victims are afraid to come forward due to social stigma, fear of retribution, and lack of support systems.
3. Child Infanticide: In rural areas, especially in districts such as Purulia, Malda, and Murshidabad, child infanticide and female foeticide remain prevalent:
--> Purulia has one of the highest rates of child mortality in the state, largely attributed to gender-based violence and neglect, with a significantly higher number of female infant deaths than male.
--> Malda, as one of the poorest districts, shows alarming levels of child marriages, female foeticide, and domestic violence. The sex ratio in these areas is considerably skewed, leading to a situation of gender imbalance.
4. Police Inaction: Numerous reports have highlighted the failure of police authorities to act promptly on complaints of dowry harassment and domestic violence:
--> In Purulia, over 60% of reported domestic violence cases remain unresolved or end in out-of-court settlements, often under pressure from the perpetrators or their families.
--> The response time for registering complaints in rural areas like Malda and Murshidabad can take weeks, and police officers often turn a blind eye to these sensitive issues.
Legal Provisions to Address the Issue
1. Dowry Prohibition Act (1961): The Dowry Prohibition Act prohibits the demand, giving, and taking of dowry. Any instance of dowry-related violence must be criminally pursued. The Indian Penal Code (IPC) sections, such as Section 304B (Dowry Death) and Section 498A (Husband or Relatives of Husband of a Woman Subjecting Her to Cruelty), should be strictly enforced in every case of dowry-related violence, ensuring that the victims and their families receive justice.
2. Protection of Women from Domestic Violence Act (2005): This Act provides relief to victims of domestic violence, including the right to residence, protection orders, and compensation. Immediate intervention by the authorities is required to offer relief to victims who face violence within their homes, ensuring their safety and dignity.
3. Child Marriage and Child Infanticide Laws: Section 315 and Section 316 of the IPC punish acts of child infanticide and abortion of a child born alive. The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act (1994) must be strictly enforced to prevent sex-selective abortions and female infanticide, which still occur in parts of the state.
4. Section 154 of the Criminal Procedure Code (CrPC): This section mandates the registration of FIRs by the police when information is given that discloses the commission of a cognizable offense. The failure of police officers to act on complaints—especially in cases of dowry harassment and domestic violence—violates the law and the rights of the victims. We demand the strict implementation of this provision, ensuring that every complaint, especially regarding domestic violence and dowry harassment, is duly recorded and investigated.
5. Section 166A of the Indian Penal Code (IPC): This section holds public servants (police officers) accountable for neglecting their duty to register a complaint or take appropriate action in cases of cognizable offenses. Police officers who fail to register FIRs or investigate cases of domestic violence, dowry harassment, or child infanticide must face criminal penalties as outlined in Section 166A.
6. State Police Complaints Authority (SPCA): The Supreme Court of India, in the Prakash Singh case (2006), mandated the establishment of Police Complaints Authorities at the state level to address complaints against the police, ensuring accountability for officers who either fail to perform their duties or act inappropriately in cases of gender-based violence.
Our Plea
In light of the growing crisis of dowry harassment, domestic violence, and child infanticide in West Bengal, we call for the immediate enactment of a new law that mandates police officers to take prompt action upon receiving complaints of these crimes. This law should require:
1. Immediate registration of FIRs for every complaint of dowry harassment, domestic violence, and child infanticide.
2. Timely investigations and preventive measures to ensure that victims are not subjected to further violence while the investigation is underway.
3. Mandatory accountability for police officers who delay or neglect action, with stringent consequences under Section 166A of the IPC.
4. Creation of a standardized protocol for responding to complaints of dowry harassment and domestic violence, ensuring consistency and efficiency across all police stations.
In addition, we urge the Government of West Bengal to implement systemic reforms within law enforcement agencies to address the root causes of police inaction. This includes:
a. Comprehensive police training to handle sensitive cases such as domestic violence, dowry harassment, and child infanticide.
b. Establishing specialized units within the police force dedicated to investigating gender-based violence, providing support for victims, and ensuring legal recourse.
c. Regular audits and reviews of police stations, especially in areas with high rates of reported crimes, to ensure compliance with laws and the proper functioning of complaints mechanisms.
Conclusion
We, as citizens, deserve competent justice, and the rights of women and children must be safeguarded. The failure to enforce laws that protect victims of dowry harassment, domestic violence, and child infanticide is a failure of the system itself. Justice should not be bought or sold—it must be delivered fairly and impartially.
We urge fellow citizens, human rights activists, and government agencies to stand in solidarity with this cause. By signing this petition and voicing our plea, we can work together to create a society where justice prevails, where victims are given their due rights, and where no woman or child suffers in silence. Together, we can fight for a future of equality, respect, and justice for all.
15
The Issue
We, the undersigned, urgently call upon the Government of West Bengal, State Law Enforcement Agencies, Judiciary, and Civil Society Organizations to address the ongoing crisis of child infanticide, dowry harassment, and domestic violence in the state. These heinous acts not only violate fundamental human rights but also cause immense harm to women and children, leaving them physically, mentally, and emotionally scarred.
A Call for Justice for Victims of Domestic Violence and Dowry Harassment
The systemic failure to address the issues of dowry harassment and domestic violence has led to a wide-reaching problem in West Bengal. Victims of these crimes often face not only physical abuse but are forced into silence, with no meaningful action taken to bring the perpetrators to justice. Despite laws in place to protect women, including those against dowry harassment and domestic violence, many victims are coerced into accepting settlements, without proper investigation or prosecution, thereby failing to receive the justice they deserve.
This grave injustice in West Bengal demands immediate action and reform to ensure that these laws are effectively enforced and that perpetrators are held accountable.
Statistical Evidence of the Crisis in West Bengal
The crisis of gender-based violence, dowry harassment, and child infanticide is alarmingly high in West Bengal, with certain districts reporting disproportionately high rates of such crimes. Here are some key statistics:
1. Dowry Deaths: West Bengal has consistently reported among the highest numbers of dowry deaths in India. According to the National Crime Records Bureau (NCRB):
--> In 2021, West Bengal accounted for 2,998 dowry death cases, making it one of the top contributors in the country.
--> The state reported a 7% increase in dowry deaths from the previous year, signaling a deep-rooted issue.
2. Domestic Violence: The number of domestic violence cases in West Bengal has also been on the rise:
--> According to NCRB data, there were more than 22,000 cases of domestic violence reported in 2021.
--> Reports suggest that the actual number of cases is likely much higher, as many victims are afraid to come forward due to social stigma, fear of retribution, and lack of support systems.
3. Child Infanticide: In rural areas, especially in districts such as Purulia, Malda, and Murshidabad, child infanticide and female foeticide remain prevalent:
--> Purulia has one of the highest rates of child mortality in the state, largely attributed to gender-based violence and neglect, with a significantly higher number of female infant deaths than male.
--> Malda, as one of the poorest districts, shows alarming levels of child marriages, female foeticide, and domestic violence. The sex ratio in these areas is considerably skewed, leading to a situation of gender imbalance.
4. Police Inaction: Numerous reports have highlighted the failure of police authorities to act promptly on complaints of dowry harassment and domestic violence:
--> In Purulia, over 60% of reported domestic violence cases remain unresolved or end in out-of-court settlements, often under pressure from the perpetrators or their families.
--> The response time for registering complaints in rural areas like Malda and Murshidabad can take weeks, and police officers often turn a blind eye to these sensitive issues.
Legal Provisions to Address the Issue
1. Dowry Prohibition Act (1961): The Dowry Prohibition Act prohibits the demand, giving, and taking of dowry. Any instance of dowry-related violence must be criminally pursued. The Indian Penal Code (IPC) sections, such as Section 304B (Dowry Death) and Section 498A (Husband or Relatives of Husband of a Woman Subjecting Her to Cruelty), should be strictly enforced in every case of dowry-related violence, ensuring that the victims and their families receive justice.
2. Protection of Women from Domestic Violence Act (2005): This Act provides relief to victims of domestic violence, including the right to residence, protection orders, and compensation. Immediate intervention by the authorities is required to offer relief to victims who face violence within their homes, ensuring their safety and dignity.
3. Child Marriage and Child Infanticide Laws: Section 315 and Section 316 of the IPC punish acts of child infanticide and abortion of a child born alive. The Pre-Conception and Pre-Natal Diagnostic Techniques (PCPNDT) Act (1994) must be strictly enforced to prevent sex-selective abortions and female infanticide, which still occur in parts of the state.
4. Section 154 of the Criminal Procedure Code (CrPC): This section mandates the registration of FIRs by the police when information is given that discloses the commission of a cognizable offense. The failure of police officers to act on complaints—especially in cases of dowry harassment and domestic violence—violates the law and the rights of the victims. We demand the strict implementation of this provision, ensuring that every complaint, especially regarding domestic violence and dowry harassment, is duly recorded and investigated.
5. Section 166A of the Indian Penal Code (IPC): This section holds public servants (police officers) accountable for neglecting their duty to register a complaint or take appropriate action in cases of cognizable offenses. Police officers who fail to register FIRs or investigate cases of domestic violence, dowry harassment, or child infanticide must face criminal penalties as outlined in Section 166A.
6. State Police Complaints Authority (SPCA): The Supreme Court of India, in the Prakash Singh case (2006), mandated the establishment of Police Complaints Authorities at the state level to address complaints against the police, ensuring accountability for officers who either fail to perform their duties or act inappropriately in cases of gender-based violence.
Our Plea
In light of the growing crisis of dowry harassment, domestic violence, and child infanticide in West Bengal, we call for the immediate enactment of a new law that mandates police officers to take prompt action upon receiving complaints of these crimes. This law should require:
1. Immediate registration of FIRs for every complaint of dowry harassment, domestic violence, and child infanticide.
2. Timely investigations and preventive measures to ensure that victims are not subjected to further violence while the investigation is underway.
3. Mandatory accountability for police officers who delay or neglect action, with stringent consequences under Section 166A of the IPC.
4. Creation of a standardized protocol for responding to complaints of dowry harassment and domestic violence, ensuring consistency and efficiency across all police stations.
In addition, we urge the Government of West Bengal to implement systemic reforms within law enforcement agencies to address the root causes of police inaction. This includes:
a. Comprehensive police training to handle sensitive cases such as domestic violence, dowry harassment, and child infanticide.
b. Establishing specialized units within the police force dedicated to investigating gender-based violence, providing support for victims, and ensuring legal recourse.
c. Regular audits and reviews of police stations, especially in areas with high rates of reported crimes, to ensure compliance with laws and the proper functioning of complaints mechanisms.
Conclusion
We, as citizens, deserve competent justice, and the rights of women and children must be safeguarded. The failure to enforce laws that protect victims of dowry harassment, domestic violence, and child infanticide is a failure of the system itself. Justice should not be bought or sold—it must be delivered fairly and impartially.
We urge fellow citizens, human rights activists, and government agencies to stand in solidarity with this cause. By signing this petition and voicing our plea, we can work together to create a society where justice prevails, where victims are given their due rights, and where no woman or child suffers in silence. Together, we can fight for a future of equality, respect, and justice for all.
15
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Petition created on 16 December 2024