This article is written by Purvika Kirmire of 5th Semester of GLC Mumbai, an intern under Legal Vidhiya
Abstract
Article focuses on role of police officers in general as well as under protection of women from domestic violence act 2005. It elaborates the spectra of their role, duties. Being a protector of public/citizens what they ought to do, it also highlights deviation by police officers from their role. Role of service providers is explained in general as well as under protection of women from domestic violence act 2005. And same goes for magistrate’s role who is a judicial officer, what is the scope of his/her role under protection of women from domestic violence act 2005, in criminal investigation. The author has tried to summarize the role of these three professionals with the help of a real-life story in High Court of Bombay which the author witnessed.
Keywords
Redressal, protection, investigation, public/ citizens, gadchiroli, naxal, president, FIR, accused, duties, sufferer, responsibility
Introduction
Police is a very noble profession as they work selflessly for the general good and the protection of the public/citizens. They maintain law and order, they investigate crimes, and they are the backbone of a nation as they help implement the policies, rules, and regulations on the ground level.
They are the real fighters whether it be the management of huge crowds during festivals or president’s visits in districts or cities or be it rescue of people who suffered natural calamities by cooperating with NDRF [1] or SDRF [2]. To elaborate when President Droupadi Murmu came on a vis[1]it to Gadchiroli which has the prevalence of naxalism it was collective efforts, proper management, and arrangements, etc. which averted any such naxal activity which could have taken place if at all there was even a minor security mistake but the whole police force of Gadchiroli made this visit a very cheerful, organized and secure one. This was just one incident but there are a lot specifically talking about the same police force many died fighting with Naxals and due to land mines just for the sake of bringing peace. This was about the role of the police force of Gadchiroli District but police forces deployed all over India with the same enthusiasm are fulfilling their roles and duties irrespective of how tough and challenging situations they face.
- If we try to sum up their role it would be: Protection of the public, maintaining law and order, investagating crimes
- Registering FIR, not delaying by giving lame excuses or not denying.
- Informing the victims about their right to get representation before asking her questions, meaning her permission should be taken and then only questions or history must be asked to her.
- There are cases where police officers are seen to have usurped the boundaries of their role or misused their powers.
In Tukaram v. State of Maharashtra [3], a Tribal woman was raped while under the custody of the police at the police station. The accused policeman was acquitted by the Supreme Court.
In the state of Maharashtra v. Madhukar Narayan Mandikar [4] protects women’s rights to privacy at gross violation by a police officer. A sub-inspector of the police serving at Bhiwandi went to the hut of a woman named Banubi at 8:45 pm on 13th November 1965 and demanded sexual intercourse, Banubi raised a hue and cry which brought her husband and other neighbors.
In both these cases, the police have deviated from their role of protector and peacekeeper on whom people could rely to solve their problems.
A service provider is a person who provides service to another person. The one providing service is a service provider and to whom it is provided is called as principal. This includes various services like telecommunication, internet, medical, legal, accounting services, etc.
Role of service providers:
They provide services to satisfy the customer by fulfilling their demands. The end goal is to complete the task given by the customer who has hired the service provider. The legal service provider has to provide the best legal advice and steps to be taken by the person who has approached them, basically legal assistance to win the case.The medical service provider’s role is to cure the disease of the patient and provide the best treatment for recovery. This includes proper detection of the problem, starting a suitable medical treatment, and ensuring that sterilized instruments are being used to prevent any negligence.The Internet service provider’s role is to provide uninterrupted Internet services for which the customer has paid a sum and to address the issues faced and complaints raised by its users and to provide smooth Internet connectivity. Their role is to provide services to satisfy customers by keeping their terms and conditions clear.If these service providers are claiming a certain thing like they will protect the personal data, no third party can access it, they won’t misuse data, or the customers permission will be taken, the customer will have the right to know for what purpose service providers are using data, etc. of their customers then it is an obligation on them that their customers data is being protected and is not misused. And they ought to answer the queries of their customers. When we travel in a train with a ticket, railways provide us with services like that of food, protection, etc., and for protection there is a Railway Protection Force who has a role to provide security but in a recent incident, RPF constable shot dead his senior and 3 passengers. Investigation has been started to know his real motive behind this firing. He being a service provider usurped the scope of his duty as a protector. E-commerce websites are service providers, when a person has ordered something by paying the sum displayed on the app, he/she deserves to get the product within the days as guaranteed by the app, which must meet the quality standards which were assured by the seller. The role of the service provider is to deliver the product in the time and quality assured by them, and if they fail to do so then they are supposed to address the grievances of its customer. The service provider’s role is to efficiently deliver its services which should meet the quality, quantity, and potency agreed upon between the service provider and customers.
Recently during my visit to the High Court of Bombay when I was sitting in the Bombay Bar Association, a couple came to meet a lawyer who was sitting next to me they were not from Mumbai they had to travel a lot to reach Mumbai. They started telling her about what has been happening to them for a very long time. The lady started by saying that she has 2 sons, one of them is physically disabled but still both of them are academically very good ( She showed their report cards and other certificates which proved her statement), the people in their village have always been hostile toward their family for a long period but when their children were involved into this when that physically disabled kid was beaten up in school so badly that he was bleeding, he had to be admitted and when they went to file FIR of this incident the police present at the police station denied first and then delayed the filing of FIR, and even when he registered this incident there was a lot of facts were missing. this shows that this police officer deviated from the role in which he was supposed to act upon. This kid was also denied admission to school and teachers were not taking his stand even after seeing this incident happening in the playground of school hence, we can say that the student is a consumer, he is availing education by paying fees and the school being a service provider by denying admission are not appropriating the role of a service provider. Now they have come to the High Court of Bombay with the hope that the judge upholds the truth and will give them justice.
This incident takes us briefly to the roles played by the police, and service provider (educational service provider), and how they failed to fulfill and also to the role of the judicial officer who is considered to be a ray of hope and a justice provider.
Magistrates are regional judicial officials chosen by the High Courts responsible for upholding law and order within a specific area of authority.
Role of magistrate in criminal investigation
A magistrate may approve detention after verifying that the arrest was lawful and that the suspect received his constitutional rights.If the magistrate determines that the police officer’s arrest was not justified, the magistrate may refuse to grant police custody.If the suspect is said to have confessed to the police. He must be prevented from confessing in front of the judge by the magistrate. This will hold the police officer accountable and motivate them to look for more ethical options. The magistrate is required to make sure that the accused is brought before him during a test identification parade while having their face covered and without revealing their full identify to the witness.Main role of judicial officer is to ensure that everything has to be in accordance with law, if there is any deviation then he/she can punish the person, no one is suppressed or oppressed during the process, legal rights of none are usurped so that justice prevails and no one is denied equality.
THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE Act, 2005
It is seen that in many cases of domestic violence ladies suffer a lot, they are mentally tortured, physically oppressed and when we look at Indian scenario most of them are not independent, they are dependent on their husbands, even when a lady is independent it the fear of society, it is the fear of divorce which will break her family, there are cases where she has support of her family or of her in-laws but even this is prevalent where she stays quiet and undergoes pain due to absence of any such support, in Indian society once a girl is married her parents’ home doesn’t remains her own ( with time and advancement this is changing but still is not completely eradicated) so even when she wants to raise voice this fear of defamation of her parents in society stops her, this word defamation might look inappropriate but the ground reality is that if a father’s daughter returns back after marriage they feel that now society’s attitude towards them will change or their respect in society has lessened or they have failed as a parent.
Domestic violence arising out of various reasons like dowry, greed, want of male child etc. has continued existence in society, various measures were taken by social reformers and the government, and one such step is the Protection of Women from domestic violence act, 2005, with an objective to deliver justice to the harmed party in a timely, economical, and feasible manner. preventing domestic violence from occurring and responding appropriately if it does.
Section 5 of this Act lays down the duties of police officers, service providers and Magistrate-
When a domestic abuse complaint is made, when a police officer, service provider, or magistrate is present at the scene of a domestic violence incident or when the occurrence of domestic violence is reported to him, he or she is required to inform her: of her right to apply for reliefs under this Act regarding the accessibility to service providers’ offerings regarding the availability of the Protection Officers’ services; of her right to get free legal services under the Legal Services Authorities Act, 1987of her right to file a complaint under section 498A of the Indian Penal Code (45 of 1860), wherever relevant: provided that, once information has been received concerning the commission of a cognizable offence, it shall be interpreted in no way as conferring on police officers an exemption from their duties to conduct themselves according to law.
Conclusion
Roles of police, service providers, and magistrates are very wide in scope, their role and duty is towards women, children, a sufferer irrespective of gender. In laws their roles are specified but in reality, there are various deviations. Their role is of great responsibility but still in various cases their duty is influenced by their interests either personal or pecuniary. They are supposed to adhere to their roles irrespective of whatever the situation is to make justice prevail. In general service providers are supposed to provide services to customers to their utmost satisfaction, and service providers under section 5 of PWDV Act, 2005 are supposed to fulfil their roles as specified in the act.
REFERENCES
- https://www.americanbar.org/groups/judicial/publications/judges_journal/2014/spring/can_a_judge_be_impartial_and_passionate_in_domestic_violence_matters/
- https://www.endvawnow.org/en/articles/783-roles-of-judges.html
- https://www.first2care.com.au/post/service-provider-roles-responsibilities
- https://educaloi.qc.ca/en/capsules/rights-and-responsibilities-of-service-providers-in-contracts-for-services/#:~:text=The%20person%20providing%20the%20services,in%20keeping%20with%20the%20contract
- https://yellowdogconsulting.com/the-role-of-a-service-provider/
- https://legalvidhiya.com/duties-functions-of-service-provider/
- https://www.legalserviceindia.com/laws/consumer_services.htm#:~:text=Services%20as%20per%20sec%202,of%20news%20or%20other%20information
- https://blog.ipleaders.in/what-is-the-role-of-a-magistrate-in-a-criminal-investigation/#:~:text=The%20magistrate’s%20main%20objective%20is,which%20the%20investigation%20was%20done.
- https://www.indiacode.nic.in/show-data?actid=AC_CEN_13_14_00008_200543_1517807325788§ionId=12901§ionno=5&orderno=5
- https://legalvidhiya.com/duties-of-police-officers-service-providers-and-magistrate/
- https://www.latestlaws.com/bare-acts/central-acts-rules/section-5-dv-act-duties-of-police-officers-service-providers-and-magistrate
[1] National Disaster Response Force
[2] State Disaster Response Force
[3] Tukaram And Anr vs State of Maharashtra 1979 AIR 185, SCR (1) 810
[4] State of Maharashtra And Another vs Madhukar Narayan Mandikar AIR 1991 Sc 207, 1991 (61) FLR 688, JT 1990 (4) SC 169, (1991) IILLJ 269 SC, 1990 (2) SCALE 849, (1991) 1 SCC 57, 1991 (1) UJ 109 SC
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