On Wednesday, the Delhi High Court requested responses from both the Central and State governments in relation to a petition that calls for mandatory registration of first information reports (FIR) when women allege physical violence by their husbands, rather than requiring them to undergo a mediation process initially.

Earlier today, a division bench consisting of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula considered the arguments presented in the case and subsequently issued a notice. The Court has scheduled the next hearing for November 22 to further address the matter.

A public interest litigation (PIL) was submitted to the Court by a group of four women who shared their experiences of enduring violence inflicted by their spouses.

They expressed their concern that women who approach police stations with complaints against their husbands or in-laws are often directed to mediation, even when there are evident signs of physical abuse.

The petitioners requested that the authorities be instructed to obtain explicit consent from women before referring them to mediation or reconciliation through Crime Against Women (CAW) cells.

The petition also called for the alteration of two standing orders issued by the Delhi Police in 2008 and 2019.

The argument was made that these orders place an undue emphasis on reconciliation between the husband and wife, even in cases of severe physical violence or when serious, non-compoundable offenses such as attempted murder and grievous hurt are involved.

The plea argues that when authorities fail to acknowledge these grave offenses, even when the women involved are not willing to reconcile, it leads to the ongoing perpetuation of violence against them and a continued violation of their fundamental rights as outlined in Articles 14, 15, 19, and 21 of the Indian Constitution.

Senior Advocate Rebecca John represented the petitioners and contended that these individuals originate from economically disadvantaged backgrounds and have endured physical mistreatment from their spouses.

John argued that according to the government's standing orders, every effort should be made to facilitate reconciliation in such cases. Consequently, there have been situations where the police declined to file FIRs (First Information Reports) despite evident signs of physical violence and women expressing their fear for their lives, as informed to the Court.

Additional Solicitor General (ASG) Chetan Sharma, representing the Central government, stated that the concerns presented in the petition were valid. However, he argued that the government's actions were prompted by the widespread abuse of Section 498A, which was occurring extensively.

The ASG emphasized the importance of considering this broader issue as well.

In response, John pointed out that the State itself files a significant number of false complaints. Nevertheless, she argued that it's unjust that the burden of false complaints consistently affects women.

John made the argument, stating, "Speaking as a woman, I must emphasize that the weight of false complaints is disproportionately placed on women. While it's true that the State also files its share of false complaints, women consistently bear the unfair burden of such accusations."

The Court decided not to make any comments on the matter and instead issued a notice to the government.

In their plea, the petitioners pointed out that the Crime Against Women (CAW) cells operate as parallel components within the criminal justice system.

The petitioners argued that survivors of domestic violence are being forced to undergo the Crime Against Women (CAW) process when police officers decline to register a First Information Report (FIR) against their husbands or in-laws, irrespective of the gravity of the allegations.

The plea further stated that only after multiple rounds of mediation in the Crime Against Women (CAW) proceedings, which can extend for a period of 6-12 months, and when these mediation efforts prove unsuccessful, does the CAW Cell refer the case to the court to seek a directive for filing a First Information Report (FIR).

During the ongoing mediation process, the plea added that the individuals responsible for the crime often persist in abusing the women, and these women may even experience escalated abuse and pressure to retract their complaints.