A committee has advised against death penalty and chemical castration for rapists and recommended the inclusion of marital rape in the list of offences. The report, which proposed changes that permit jail for the full life term, was submitted by Justice J.S. Verma, former Chief Justice of India; Justice Leila Seth, former Himachal Pradesh High Court chief justice; and Gopal Subramaniam, former solicitor-general. The following are 12 key recommendations and the reaction of Rebecca John, a trial court lawyer in Delhi.
Panel No death penalty. Life imprisonment of not less than 20 years or for
the rest of the life of
rapists causing death or a persistent vegetative state
John: Over-emphasis on penalty makes me nervous. The committee's recommendations are composite measures, comprising many things like the
manner in which police have to act, medical
protocol for rape victims, the way society should
deal with such cases and steps for improvement of women's conditions.
The committee has said
life sentence means
imprisonment for natural period of life. At present,
the sentence review board in each prison is able to grant pardon to lifers after a specific period, taking into consideration the positive changes in his conduct.
But the committee has
suggested withdrawing
that power from the prison
authorities for rape convicts. The report is path-breaking and should be welcomed
Panel Demand for
reduction of juvenile age from 18 years to 16 years not recommended
John: The existing juvenile age in India sticks to the
international practice.
Second, there is hardly
any reformative action
for juveniles in conflict.
Reducing the age is no
solution. You must not
make law as reaction to one particular incident.
Let us not get hysterical about it. Even more heinous offences have
happened in this country
Panel All marriages to be registered in the presence of a magistrate who will
ensure marriage is
solemnised without dowry and with consent of both partners
John: This is one of many recommendations. Maybe
it is a long-term measure
Panel Armed forces and police personnel should not be given protection under the Armed Forces (Special Powers) Act, in force in
several places in the
Northeast and Kashmir, if the men in uniform commit sexual offences against women
John: A huge victory for civil liberty groups. It will
be a great thing if the
offenders are tried under the general criminal law
Panel Recognise voyeurism, eve-teasing
and stalking as offences
John: The committee has covered a whole range of offences. In fact, seemingly less serious offences go unpunished. So grave
offences get societal
approval gradually. The less serious offences should
be dealt with strongly. The committee has defined the less grievous offences in
a positive way
Panel Marital rape not
to be exempt
John: At present, in the name of a relationship, marital rapes escape the definition of crime. The committee says it should
be considered a crime
Panel Amend law to recognise possibility of
sexual assault on men, and homosexual, transgender and transsexual rape
John: The committee felt that the victims could be gender neutral. A man
can be a victim also. The
Criminal Law Amendment Act, 2012, says
perpetrators should also
be gender neutral. But
the committee said the
perpetrators should be
men only
Panel Reforms needed
in Representation of the
People Act to deal with criminalisation of politics. Members of Parliament
and state legislatures with criminal cases pending in heinous cases should
vacate their seats.
John: A good suggestion. Nobody wants rapists to sit in Parliament. This depends on the will of the political class for implementation
Panel Every complaint
of rape must be registered by police
John: Police at times do not register cases. The committee is of the view that if the police do not
register FIR, the officials concerned should be
penalised. For that, the
Indian Penal Code should be amended also
Panel No condoning
of political interference in
performance of police
duty ' police to understand their accountability only
to the law
John: This depends on
police reforms, which is
a long-term measure.
But I am hoping that
government will
implement the workable recommendations
immediately
Panel Encourage
community policing,
street lighting everywhere for safety of citizens,
encourage street vending to make bus stops and
footpaths safe for
communities and
pedestrians and provide street food for common man
John: These can be
implemented with
immediate effect. These
are standard security measures
Panel Create an
auditor-general for
education,
non-discrimination in
respect of women and
children on the lines
of the comptroller and
auditor-general
John: Again a long-term measure. If implemented,
it will have good dividends.
