Justice Verma Committee was set up to
review the law on sexual crime and crime against Women after the brutal
gang-rape case of the 23 year Para-medical student that took place in a running
bus in Delhi. The unfortunate incident shocked the country.
1. All limbs of the State - the executive, the legislature as well as the judiciary -must respect women’s rights and must treat them in a non-discriminatory manner.
2. 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.
3. All marriages in India (irrespective of the personal laws under which such marriages are solemnized) should mandatorily be registered in the presence of a magistrate, which magistrate will ensure that the marriage has been solemnized without any demand for dowry having been made and that the marriage has taken place with the full and free consent of both partners.
4. The proposed Criminal Law
Amendment Act, 2012, should be modified as suggested, and to secure public
confidence, be promulgated forthwith. 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.
5. 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.
6. Punishment for other sexual offences: The panel recognized the need to curb all forms of sexual offences and recommended - Voyeurism be punished with up to 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.
7. 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.
8. 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. We have also taken into account offences of eve teasing, voyeurism, stalking as well as sexual assault and unsolicited sexual contact.
9. A special procedure for protecting persons with disabilities from rape, and requisite procedures for access to justice for such persons is also an urgent need.
10. The protocols for medical
examination of victims of sexual assault have also been suggested, which we
have prepared on the basis of the best practices as advised by global experts
in the fields of gynecology and psychology. Such protocol based, professional
medical examination is imperative for uniform practice and implementation.
11. The insensitivity of the police to deal with rape victims is well known. The police respect a patriarchal form of society, and have been unable to deal with extraordinary cases of humiliation and hardship caused by the khap panchayats, as is evident from various judgments of the Supreme Court. The police are involved in trafficking of children (including female children) and in drug trade. To inspire public confidence, it is necessary that there must not only be prompt implementation of the judgment of the Supreme Court in Prakash Singh case, but also police officers with reputations of outstanding ability and character must be placed at the higher levels of the police force.
12. Any political interference or
extraneous influence in the performance of the statutory duty by a policeman
cannot be condoned. This principle has to be clearly understood by every member
of the police force - their accountability is only to the law and to none else
in the discharge of their duty. Dereliction of this duty has to be punished
according to the service rules and applicable law.
13. To augment the police force, there is a need to develop community policing by involving the local gentry, which would also motivate them to perform their duty as citizens.
14. Street lighting everywhere would provide more safety since dark areas are more prone to facilitate crimes. There is great wisdom in the words of the American Judge Louis Brandeis, that "Sunlight is said to be the best of disinfectant; electric light the most efficient policeman".
15. Street vending should be encouraged to make the bus stops and footpaths safe for communities and pedestrians, in addition to providing street food for the common man.
16. A new constitutional authority akin to the Comptroller and Auditor General for education, non-discrimination, in respect of women and children.
17. Political Reforms: The Justice Verma committee observed that reforms are needed to deal with criminalization of politics. The panel has suggested that, in the event cognizance has been taken by a magistrate of a 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.
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