Edited by Prasad Sanyal | Updated:
January 24, 2013 18:21 IST
New
Delhi: 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.
Here is
your 10-point cheat-sheet on the major recommendations made by the panel:
1. Punishment for Rape: The panel has not recommended the
death penalty for rapists. It suggests that the punishment for rape should be
rigorous imprisonment or RI for seven years to life. It recommends that
punishment for causing death or a "persistent vegetative state"
should be RI for a term not be less than 20 years, but may be for life also,
which shall mean the rest of the person's life. Gang-rape, it suggests should
entail punishment of not less than 20 years, which may also extend to life and
gang-rape followed by death, should be punished with life imprisonment.
2. Punishment for other sexual
offences:
The panel recognised the need to curb all forms of sexual offences and
recommended - 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 if
imprisonment; trafficking will be punished with RI for seven to ten
years.
3. Registering complaints and
medical examination: Every
complaint of rape must be registered by the police and civil society should
perform its duty to report any case of rape coming to its knowledge. "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. The protocols for medical examination of
victims of sexual assault have also been suggested. The panel said, "Such
protocol based, professional medical examination is imperative for uniform
practice and implementation."
4. Marriages to be registered: As a primary recommendation, all
marriages in India (irrespective of the personal laws under which such
marriages are solemnised) should mandatorily be registered in the presence of a
magistrate,. The magistrate will ensure that the marriage has been solemnised
without any demand for dowry having been made and that it has taken place with
the full and free consent of both partners.
5. Amendments to the Code 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. "Since the possibility
of sexual assault on men, as well as homosexual, transgender and transsexual
rape, is a reality the provisions have to be cognizant of the same," it
says. A special procedure for protecting persons with disabilities from rape,
and requisite procedures for access to justice for such persons, the panel said
was an "urgent need."
6. 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.
7. 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." It has said
there is an imminent need to review the continuance of AFSPA in areas as soon
as possible. It has also recommended posting special commissioners for women's
safety in conflict areas.
8. Police reforms: To inspire public confidence,
the panel said, "police officers with reputations of outstanding ability
and character must be placed at the higher levels of the police force."
All existing appointments need to be reviewed to ensure that the police force has
the requisite moral vision. The panel strongly recommended that "law
enforcement agencies do not become tools at the hands of political
masters." It said, "Every member of the police force must understand
their accountability is only to the law and to none else in the discharge of
their duty."
9. 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.
An all India strategy to deal with this issue would be advisable. The Chief
Justice of India could be approached to commence appropriate proceedings on the
judicial side. The Chief Justice may consider making appropriate orders
relating to the issue of missing children to curb the illegal trade of their
trafficking etc.
10. Political Reforms: The Justice Verma committee
observed that reforms are needed to deal with criminalisation of politics. The
panel has suggest that, 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 subsequently. It suggested lawmakers facing
criminal charges, who have already been elected to Parliament and state
legislatures, should voluntarily vacate their seats.
Trending
Telangana Kamal Haasan Rahul Gandhi Narendra Modi Anna Hazare Lokpal Bill Barack Obama Arvind Kejriwal Omar Abdullah Kashmir all-girl band Delhi Gang Rape
Telangana Kamal Haasan Rahul Gandhi Narendra Modi Anna Hazare Lokpal Bill Barack Obama Arvind Kejriwal Omar Abdullah Kashmir all-girl band Delhi Gang Rape
- Also See
- Blog: My experience assisting the Justice Verma Commission
- Law Minister on Justice Verma report: highlights
- After Justice Verma report, ball now in government's court
- Scrap 'two-finger test' for rape victims, says Justice Verma report
- Shocked Delhi Police Commissioner got a pat on the back: Justice Verma
Courtesy:
For
NDTV Updates
,
http://www.ndtv.com/article/cheat-sheet/recommendations-of-the-justice-verma-committee-10-point-cheat-sheet-321734
|
No comments:
Post a Comment