Lok Sabha Question No. 3797 (UNSTARRED), answered on 2019-07-16
Subject: Non-Registration of FIRs
Ministry: HOME AFFAIRS
Asked by: Sujay Radhakrishna Vikhepatil

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 3797

TO BE ANSWERED ON THE 16 TH  JULY, 2019/ ASHADHA 25, 1941 (SAKA)

NON-REGISTRATION OF FIRS

3797. DR. SUJAY RADHAKRISHNA VIKHE PATIL:

Will the Minister of HOME AFFAIRS be pleased to state:

(a) whether it is a fact that women and people belonging to the weaker sections in the country do not file First Information Reports (FIRs) due to the behaviour of the police and if so, the details thereof;

- (b)  whether  the  Government  is  contemplating  to  take  any  steps  in  this regard;

(c) if so, the details thereof and the time by which such steps are likely to be taken; and

(d) if not, the reasons therefor?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI G. KISHAN REDDY)

(a) to (d):  'Police' and  'Public Order' are State subjects under the Seventh Schedule to the Constitution of India.  However, the Government attaches  highest  importance  to  reporting  and  investigation  of  crimes, especially in the matter of crimes against women and weaker sections. In order to facilitate complainants,  including  women  and  weaker sections, to register FIR the Government has taken the following steps:

## L.S.US.Q.NO.3797 FOR 16.07.2019

- i. Criminal Law has been amended in 2013 to make it mandatory for police to register FIR in case of rape and sexual assault on women.
- ii. The  Criminal  Law  was  further  amended  in  2018,  which  has  the provision for investigation to be completed in two months by police in case of rape of women.
- iii. The  Scheduled  Caste  and  the  Scheduled  Tribes  (Prevention  of Atrocities) Act, 1989 has been amended to provide that in case of a complaint on crime against SC/ST, the preliminary enquiry shall not be required for registration of an FIR.
- iv. The  Ministry  of  Home  Affairs  (MHA)  has  issued  advisories  to States/UTs on compulsory registration of FIRs. Further, in order to ensure that the police register FIR for cases when they receive a call/complaint related to a crime committed outside the jurisdiction of  the  police  station  concerned,  States/UTs  have  been  advised  to instruct  police  to  register  'Zero  FIR'.  MHA  has  issued  advisory reiterating States/UTs for mandatorily registration of FIR in sexual assault cases on women  and  also  requesting States/UTs for completion of such investigation in 2 months.
- v. Ministry of Home Affairs has issued an advisory dated 26.09.2018 to all   States/ UTs  to  comply  with  the   amended   provisions  in  the

## L.S.US.Q.NO.3797 FOR 16.07.2019

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

- vi. Ministry  of  Women  and  Child  Development  has  also  introduced the scheme of One Stop Centres to provide integrated support and assistance  to  women  affected  by  violence  and  a  Scheme  for Universalisation of Women Helpline to provide 24 hours emergency and non-emergency response to women affected by violence. Apart from  above,  the  Ministry  of  Women  and  Child  Development  in collaboration  with  the  Ministry  of  Home  Affairs  has  envisaged engagement of Mahila Police Volunteers in States/UTs who will act as  a  link  between  police  and  community  and  facilitate  women  in distress.
- vii. Further, Government of India conducts awareness generation programmes  and  publicity  campaigns  on  various  laws  relating  to women  and  their  rights through  workshops, cultural  programmes, seminars, training programmes, advertisements in print and electronic media etc.

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