Recommendations of Justice JS Verma Committee on Sexual Crime Laws
27/01/2013
A three-member commission assigned to review laws for sexual crimes submitted its report to the government on Wednesday. The commission, headed by former Chief Justice of India, Justice JS Verma, has identified "failure of governance" as the root cause for sexual crime. It has criticised the government, the police and even the public for its apathy, and has recommended dramatic changes. The Justice Verma Committee recommended enhancing punishment of upto 20 years imprisonment for rape and murder and life for gangrape but refrained from suggesting death penalty. The Committee submitted its 630-page report to the government suggesting amendment of criminal laws to provide for higher punishment to rapists, including those belonging to police and public servants. New offences have been created and stiffer punishment has been suggested. The new offences include disrobing a woman, voyeurism, stalking and trafficking. The panel is of the opinion that the age of the juvenile under the Juvenile Justice Act need not be lowered from the present 18. The horrific gang-rape of the 23-year-old physiotherapy student in south Delhi on Dec 16 had sparked nationwide protests from the youth and women demanding tougher laws and protection against sexual assaults. The committee said it had received more than 80,000 responses to the Home Ministry's public notice inviting suggestions to prevent crimes against women, from across India. The important points of the Justice JS Verma Committee -
Punishment for Rape: Rigorous imprisonment or RI for seven years to life, punishment for causing death or a "persistent vegetative state" should be RI for a term not be less than 20 years, gang-rape should entail punishment of not less than 20 years.
Punishment for other sexual offences: Voyeurism be punished with upto seven years in jail; stalking or attempts to contact a person repeatedly through any means by up to three years. Acid attacks would be punished by up to seven years of imprisonment; trafficking will be punished with RI for seven to ten years.
Registering complaints: "Any officer, who fails to register a case of rape reported to him, or attempts to abort its investigation, commits an offence which shall be punishable as prescribed," the report says.
Amendments to theCode of Criminal Procedure: The panel observed, "The manner in which the rights of women can be recognised can only be manifested when they have full access to justice and when the rule of law can be upheld in their favour." The proposed Criminal Law Amendment Act, 2012, should be modified, suggests the panel.
Bill of Rights for women: A separate Bill of Rights for women that entitles a woman a life of dignity and security and will ensure that a woman shall have the right to have complete sexual autonomy including with respect to her relationships.
Review of the Armed Forces Special Powers Act: The panel has observed that the "impunity of systematic sexual violence is being legitimised by the armed forces special powers act." There is an imminent need to review the continuance of AFSPA in areas as soon as possible.
Police reforms: To inspire public confidence, "police officers with reputations of outstanding ability and character must be placed at the higher levels of the police force."
Role of the judiciary: The judiciary has the primary responsibility of enforcing fundamental rights, through constitutional remedies. The judiciary can take suo motu cognizance of such issues being deeply concerned with them both in the Supreme Court and the High Court.
Political Reforms: Reforms are needed to deal with criminalisation of politics. In the event cognizance has been taken by a magistrate of an criminal offence, the candidate ought to be disqualified from participating in the electoral process. Any candidate who fails to disclose a charge should be disqualified. Lawmakers facing criminal charges, who have already been elected to Parliament and state legislatures, should voluntarily vacate their seats.