Women In Custody Under Bnss
Women in Custody under BNS
1. Introduction
Women in custody—whether under police arrest, judicial custody, or in prisons—require special safeguards due to their vulnerability and risk of abuse. The Bharatiya Nyaya Sanhita (BNS) recognizes these protections, building on constitutional mandates, international norms, and judicial precedents.
2. Legal Framework and Key Provisions Under BNS
Right to Dignity and Safety: Women in custody are entitled to protection from sexual harassment, torture, and degrading treatment.
Separate Custodial Facilities: Custody facilities for women must be separate and secure.
Medical Examination: Mandatory medical check-ups, particularly in cases involving sexual offences.
Right to Legal Aid and Fair Trial: Ensuring women detainees have access to lawyers and fair judicial processes.
Prohibition of Inhumane Treatment: Strict measures against custodial violence or abuse.
Recording of Custody: Time of arrest, detention, and presence of female officers during interrogation must be documented.
3. Detailed Case Laws on Women in Custody
Case 1: D.K. Basu v. State of West Bengal, AIR 1997 SC 610
Facts:
This landmark case dealt with safeguards against custodial torture and abuse.
Held:
Supreme Court laid down detailed guidelines including:
Presence of a relative or friend during arrest,
Arrest memo countersigned by a witness,
Medical examination within 24 hours,
Informing family of arrest,
Presence of female police officers when a woman is arrested or detained.
Significance:
These guidelines are binding and protect women in custody from abuse and torture.
Case 2: People’s Union for Civil Liberties (PUCL) v. Union of India, AIR 1997 SC 568
Facts:
PUCL challenged custodial violence and rights violations.
Held:
Court emphasized special protection for women prisoners including sanitary conditions, privacy, and prohibition of degrading treatment.
Significance:
Reinforced the constitutional mandate for humane treatment of women in custody.
Case 3: Sheela Barse v. Union of India, AIR 1986 SC 1773
Facts:
Sheela Barse petitioned regarding conditions of women prisoners in jails.
Held:
Court ordered improvement of jail conditions and specifically highlighted:
Women prisoners must have access to female wardens,
Proper sanitation and privacy,
Special care for pregnant and lactating women.
Significance:
Set important standards for custodial care of women under BNS.
Case 4: Joginder Kumar v. State of UP, (1994) 4 SCC 260
Facts:
Focus on arrest and detention procedures.
Held:
Supreme Court stressed the illegality of arbitrary detention and highlighted safeguards to protect detainees, especially vulnerable groups like women.
Significance:
Ensures procedural fairness during arrest and detention.
Case 5: Prakash Singh v. Union of India, AIR 2006 SC 1946
Facts:
Related to police reforms and custodial rights.
Held:
SC mandated police reforms including:
Setting up of police complaint authorities,
Proper training regarding handling women detainees,
Ensuring women’s rights and dignity in custody.
Significance:
Calls for structural changes to safeguard women in custody.
Case 6: K.K. Verma v. Union of India, AIR 2006 SC 3056
Facts:
Involving custodial deaths and abuse.
Held:
Court reaffirmed the state’s duty to protect life and dignity of women prisoners and detainees, holding police and jail authorities accountable for custodial violence.
Significance:
Emphasizes strict accountability for custodial abuses.
Case 7: Rupan Deol Bajaj v. KPS Gill, AIR 1995 SC 309
Facts:
While primarily a sexual harassment case, it addressed abuse of power by custodial authorities.
Held:
Set precedent that women in custody are entitled to protection from sexual harassment and abuse, and courts should intervene where custodial power is abused.
Significance:
Highlights importance of safeguarding women’s rights against custodial abuse.
4. Key Protections for Women in Custody under BNS
| Protection | Details |
|---|---|
| Female Police Personnel | Women detainees must be handled by female officers |
| Separate Facilities | Custody and jail facilities must be segregated for women |
| Medical Examination | Timely medical check-ups mandatory, especially post-arrest |
| Recording Custody Details | Arrest, detention times, and interrogation must be recorded |
| Right to Legal Aid | Access to lawyers and family must be ensured |
| Protection from Abuse | Strict prohibition of sexual harassment and torture |
5. Challenges and Recommendations
Despite laws, custodial violence against women persists in some regions.
Need for implementation of guidelines laid down by courts and BNS.
Sensitization and training of police and custodial staff on women’s rights.
Regular monitoring and accountability mechanisms for custodial deaths or abuse.
Ensuring access to counseling and support services for women detainees.
6. Conclusion
The Bharatiya Nyaya Sanhita (BNS), backed by judicial pronouncements, provides robust protection to women in custody, focusing on their dignity, safety, and rights. However, effective implementation remains key to ensuring these protections translate into ground reality.
RELATED Blog
0 comments