NEW DELHI: Two women were arrested by Delhi Police last August and allegedly tortured by male officers in the police station at night. A month later, another woman was arrested by cops from the same police station and allegedly sexually abused at night.

The plight of these three women has been brought to the notice of the Delhi high court by a trial court which sent a letter to Chief Justice G Rohini, informing her about the rampant violation of law by Delhi Police which had affected the constitutional, fundamental and human rights of these women.

Requesting for the letter to be treated as a public interest litigation (PIL), additional sessions judge Kamini Lau has sought HC's intervention and issuance of directions to the commissioner of police for ensuring strict compliance with the law regarding arrest of women. In its letter, the trial court said these incidents were brought to its attention by the counsel of Delhi Legal Services Authority after which it decided to send a reference to the HC for action.

Recently, the letter was placed before the high court after which Delhi Police commissioner B S Bassi appeared before Chief Justice Rohini and gave the assurance that action would be taken and an administrative order to this effect issued.

In the first case, two women were arrested by South Rohini police station for allegedly trying to sell a newborn baby. The court noted that while the law required the cops to take permission from a judicial magistrate before arresting the women and detaining them at the police station, no such approval was taken. A detailed inquiry revealed that the two women - both widows - were allegedly subjected to physical torture by male officers while in detention. In the second case, an officer of the same police station arrested a widow in connection with an attempt-to-murder case. The accused woman has alleged that she was sexually abused during her detention at night.

According to the criminal procedure code, no woman can be arrested after sunset and before sunrise, and where exceptional circumstances exist, a woman police officer has to obtain permission of the judicial magistrate within whose local jurisdiction the offence is committed or the arrest is to be made.

The letter stated that the commissioner of police was informed of the alleged acts of violations and was also directed to take immediate action to ensure strict and specific compliance with the procedural laws. Citing an apex court judgment which has laid down rules for the police to follow when a woman is to be arrested, ASJ Lau said in her letter: "As of now the city police appears to be most insensitive to women suspected of committing an offence...there is an institutional hesitation, rather reluctance, to perform (on part of the police). It is this which has prompted me to draw the attention of your lordship, the Chief Justice, Delhi high court to such lapses."

The court has also sought directions to be issued to other departments like the home department, trial court judges, Delhi Legal Services Authority and Tihar Jail "to ensure strict compliance of law in letter and spirit so that justice is not a casualty for particularly those who are destitute or belong to the marginalized sections or are unable to defend themselves against torture, ill-treatment and harassment".