New SOP for runaway couples seeking protection

Following the Punjab and Haryana High Court directions in ‘Kajal vs State of Haryana and others’, the Haryana Government has issued new guidelines laying down a mechanism for runaway couples seeking protection from police authorities.

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“A mechanism is being framed with the aim for expeditious inquiry consisting of fact-finding and adjudication of the dispute at the administrative level, which are primarily in the nature of dissent of elders in a family to the wishes and desire of younger ones due to multifaceted reasons,” said the objective of the guidelines.

Now, the Assistant Commissioner of Police (ACP), Women Safety, in the respective Police Commissionerate and the Deputy Superintendent of Police (DSP), Women Safety, in the respective district “shall be the Nodal Officer, who will be accountable for ensuring strict compliance to these guidelines as per the time frame”.

A police official of the rank of Assistant Sub-Inspector (ASI) at each police station, to be nominated by the Station House Officer of a police station, “shall inquire and look into the representation” made by protection seekers. “Such police officer shall be either reporting at his own to the Nodal Officer of his district” or the Nodal Officer “may monitor stepwise dealing of such representations to ensure that the grievance is addressed efficaciously without any violation to the time frame being provided,” said the notification issued on February 18.

"Any police officer, to whom the representation is addressed by the protection seekers, shall mark the same to the Nodal Officer, who shall forward the same to the police officer, in whose police station the relevant territory falls on that very day itself," said the notification.

The representation made by protection seekers has to be decided within three days after conducting an inquiry. The opportunity of hearing is to be given to protection seekers as well as those against whom allegations are made.

The Police Officer who is deciding the representation “shall have the power to take all necessary steps at the preliminary stage itself to provide shelter and protection, if so required by the representationist (s) immediately upon the receipt of such request, if he is prima facie of such opinion, so that during the conduct of such proceedings, no harm is caused to the representationist(s) alleging threat perception.”

After deciding on the representation, the order has to be communicated to all parties free of cost on the same day.

The Deputy Commissioner of Police (DCP) in the respective Police Commissionerate and the Superintendent of Police (SP) in the respective district, shall be the Appellate Authority. The aggrieved party can approach the Appellate Authority within three days, which has to decide on the appeal within seven days.

“The Appellate Authority shall pass a detailed order with reasons in case of rejection or shall pass an order issuing such directions to protect life and liberty of the aggrieved immediately if he is satisfied and deems it necessary under the circumstances,” added the notification.

Besides, there shall be a dedicated helpdesk at every district police office manned 24X7 to address such representations.

There will be a quarterly meeting to review all such representations received, disposed and pending by the concerned Commissioner of Police (CP) or Senior Superintendent of Police (SSP), as the case may be and a report of same shall be forwarded to the Director General of Police (DGP).

The DGP Haryana will assess the compliance of these guidelines from time to time every quarter maintaining electronic records in his office as well.