Gustakhi Maaf Haryana: Pawan Kumar Bansal
No Provision in HSCW Act Grants Arrest Powers to Chairperson: Commission Not a Court of Law
Gustakhi Maaf Haryana: Pawan Kumar Bansal
No Provision in HSCW Act Grants Arrest Powers to Chairperson: Commission Not a Court of Law
Chairperson of HSCW Exceeds Powers in Arrest Order – Legal Experts Raise Concerns
No Provision in HSCW Act Grants Arrest Powers to Chairperson, Says Retired ADGP
In a recent incident, the Chairperson of the Haryana State Commission for Women (HSCW) was seen in a video asking the police to arrest the parents of a person suspected of marrying a second wife in a foreign country. The boy denied having any other wife when contacted. Legal experts, including retired ADGP Resham Singh, have raised concerns regarding the Chairperson’s actions, stating that no provision in the HSCW Act grants the Chairperson powers of arrest, as the Commission is not a court of law.
Legal Expert’s View: Chairperson Exceeding Powers
Resham Singh, a retired ADGP from Haryana, noted that the HSCW is tasked with hearing grievances and making recommendations, not with acting as a law-enforcement body. The Chairperson could have either conducted a further inquiry or directed the police to investigate the matter. The incident, which allegedly involves a man marrying abroad while already married in India, falls under section 82 of the BNS, 2023, a non-cognizable offense, bailable and triable by a Magistrate.
Parents Cannot Be Arrested Without Evidence
Singh further clarified that in such non-cognizable offenses, police cannot arrest the accused without a court-issued warrant. For the parents to be arrested, it must be proven that they were involved in the crime. The Chairperson’s directive to arrest the parents, without investigation or any legal basis, seems to be an overstep of authority, especially given the non-cognizable nature of the case.
Conclusion: Legal Concerns Over the Chairperson’s Actions
This incident raises serious questions about the limits of the Chairperson’s powers under the HSCW Act. While the Commission can recommend action, it does not have the authority to arrest individuals, especially in cases where no criminal charges have been substantiated. Legal experts believe that a thorough investigation should precede any law enforcement action, and the Commission’s role is to recommend, not command, legal procedures.