Usha Mehra Commission Report

Former Union Minister for Law and Justice Ashwani Kumar with Justice Usha Mehra addressing the media after receiving a copy of her report in February this year.
Photo: Press Trust of India.

The Justice Usha Mehra Commission Report was released in February this year. This Commission was set up after the December 16, 2012 gangrape case to inquire into various aspect of the incident and identify the lapses on the part of the police or any other authority, and suggest measures to improve the safety and security of women.


Below, we have summarised the key findings of the Report:

• The Delhi Traffic Police was held up for not invoking relevant provisions of the Motor Vehicles Act [Section 3, 4, 39, or 66(1)] for cancellation of the permit of the white bus in which the incident occurred as it was unauthorised. The investigations revealed that these provisions went unnoticed by the Delhi Traffic Police and that this practice had been going for a very long time.
• The police stations falling on the route, in which the bus plied, failed to detect the unauthorised bus by its tinted glass and curtains.
• The Traffic Police posted on various traffic signals could have noticed the bus being plied on Delhi roads in violation of the Supreme Court’s direction and could have ordered to remove the tinted glass and curtain, but no action was taken. 
• The Delhi Police Control got information about the girl and her friend lying injured at 10:14 PM. They had to be informed twice. 
• The Commission received many complaint emails from the general public that the in-charge of Police Control Room had not removed the injured who were in the critical condition to the nearest hospital which could have saved the life of the rape victim. However, the Commission noted that the PCR had responded well in time.
• The in-charge of the Police Control Room Zebra-54 which was posted in the South West District was supposed to take the victim to Safdarjung Hospital.
• The Sub Inspector of the area in which the incident occurred reached the hospital at 1:00 am, and after that the Station House Officer reached, which proves that he was careless and his seniors also did not take him to task because police had never been serious or taking actions in sexual harassments or molestation cases. 
• It was found that the police official did not have any phone or wireless device when he was in hospital, which reveals he was poorly equipped.

The Commission report recommended that the police must do the following:

• Sensitization of police at all level is necessary.
• Change has to be made at the time of recruitment of officers and police constables.
• Mandatory sensitization training should be given to new officials.
• It is important to have range of training courses which would help them in learning processes to deal with unknown outcomes and to deal with such circumstances.
• Training at all level is needed.
• Increase the number of police personnel.
• Increase the night patrolling by the police officials.
• Compulsory registration of FIR in case of complaints of sexual related offenses.
• Any or all complaints made at any police station should be registered as Zero FIRs, irrespective of jurisdiction.
• The police station must have a medical examination conducted of the victim of sexual assault or a victim of rape immediately.
• the public should know the exact area where the PCR vans are being deployed.
• The PCR vans doing patrolling should not be stationary at one particular place.
• the number of PCR vans should be increased.
• PCR vans with ambulance facilities should be provided.
• CCTV cameras should be installed for the protection of women in public places.