CAW Cell – Functioning Procedure Handling

Crime against Women Cell, mainly referred to as CAW Cell, is also known as Mahila Thana or Parivar Pramarsh Kender in various states in India, though I will use CAW Cell for the sake of consistency. The primary job of these cells is to bring about reconciliation between the warring couple. Mostly nowadays, in Dowry Harassment cases, also known as 498a (Husband or relative of husband of a woman subjecting her to cruelty: Proposed Section 84 of The Bharatiya Nyaya Sanhita, 2023), cases or Domestic Violence cases. CAW Cells try to bring about reconciliation between the parties. In Delhi, the first CAW Cell was established in 1983 at Nanak Pura under section 19 of the Delhi Police Act, 1978. In a Delhi High Court Judgement by J. S.N. Aggarwal in a case between Smt. Jasbir Kaur and the Govt. of NCT Delhi, the petitioner asking for abolishing of the CAW Cells, the court, while disposing of the petition, remarked that

 “The creation of CAW Cells for investigation of crime pertaining to women, in my opinion, does not cause any discrimination on the basis of sex for the CAW Cells have been constituted with a social purpose so that the crimes relating to women are dealt with sensitivity. CAW Cell is like any other specialized wing of the Delhi Police like Special Cell, Crime Branch, etc., where firstly an attempt is made to bring about unity between the two spouses so as to make the marriage a success. On the failure of these reconciliation attempts, the law is allowed to take its course. Thus no fault can be found with the creation of CAW Cells.”

In other judgements of the Delhi High Court, it was held that CAW Cell can only make reconciliatory efforts between the parties up to the pre-registration stage of FIR. The CAW Cell has no authority to secure the presence of any person either by coercion or by threat. The CAW Cell is only a conciliatory body where efforts are made for conciliation with the parties’ free will. If anyone is unwilling to go to CAW Cell, he cannot be compelled. It is further held that CAW Cell, in future, instead of issuing summons to the parties, shall send request letters asking them to appear for conciliation rather than for investigation.

CAW Cells cannot take suo-motu action, meaning that the complainant has to visit the Cell and write her complaint. After receiving a complaint, the CAW cell examines the alleged offences, followed by a counselling session with the complainant. However, if the complainant is unwilling to take back the complaint, request letters are sent to the opposite party asking them to appear for conciliation. In a matrimonial dispute, the complainant’s wife is asked to submit a list of istridhan kept at the matrimonial house in case the wife is no longer staying with the husband.

Generally, when the husband visits the CAW Cell in Delhi for the first time, a counsellor tries to patch up between the warring spouses. If there are any chances of a mutual reconciliation, the process is carried forward at future dates. Otherwise, the husband is given a list of istridhan to be replied to by the next due date assigned by the counsellor. The husband must apply for the complaint through the RTI cell of the concerned CAW Cell. From a husband’s perspective, it is essential to maintain calm and display confidence. Please be informed it has been noticed that the wife or any relative from her family might try to instigate the husband or his relative during the conciliation proceedings. The counsellor maintains the record of each proceeding and ensures the same is cross-signed by both parties. It is in favour of the husband to attend every proceeding at CAW Cell. After a few meetings, generally between 5-7 meetings and after a meeting with the SHO/ACP of the CAW Cell, if there is no scope for any reconciliation between the spouses, the complaint is referred to the legal cell of the CAW cell. The legal cell reviews the complaint and recommends filing an FIR at the concerned Police Station. From a husband’s perspective, this is the most appropriate time to seek a Notice Bail/ Anticipatory Bail.

Attending proceedings in the CAW Cell is optional, but it is advisable. Especially in Delhi, getting Anticipatory Bail would have problems if one does not participate in reconciliatory proceedings at CAW Cell.

The procedures can vary in other states, i.e.

1. In Punjab, Haryana and Himachal Pradesh, no list is provided to the husband generally, and the same is brought by the Police while opposing the bail, stating that recovery has to be effected.
2. In UP, per the directions of the Allahabad High Court, FIR is registered immediately, and then 30 days is provided for reconciliation.
3. In Bihar and Jharkhand, most cases are registered by complaint to the court. Hence, the reconciliation proceedings happen during bail.
4. There are no CAW Cells in Maharashtra, and the FIR is almost instant in the Police Stations.

I would also update the procedures adopted in other states when I get some reliable information.

The crux is that CAW Cells/Mahila Thanas, etc., are merely for reconciliatory efforts, and it is not prudent to run a mini-trial there with all the evidence. Even after these proceedings, the activist mindset should be left behind; the girl can give supplementary statements, countering your proof. Evidence should strictly be used at the time of trial.

List of CAW Cells in Delhi