Showing posts with label Crime against Women. Show all posts
Showing posts with label Crime against Women. Show all posts

Saturday, January 5, 2013

Dealing with Rape & other sexual crimes against women: A quick compilation of suggestions emailed to Justice Verma Committee January 3, 2013 by Snigdha


Dealing with Rape & other sexual crimes against women: A quick compilation of suggestions emailed to Justice Verma Committee

January 3, 2013 by Snigdha 
The following is what I have emailed to the Verma Committee in response to their call to citizens to give suggestions regarding amendments to existing laws on rape and other sexual crimes against women.
Please add your suggestions and/or reiterate the ones with which you agree, and send by email to justice.verma@nic.in or through fax at 011-23092675 by 5th Jan, 2013. We simply can not afford to keep quiet at this juncture. It is necessary that the committee gets a sizeable cross-section of public opinion on various dimensions of this complex issue of crime against women.
Any crime has to be dealt with broadly at 3 levels – Prevention, Deterrence & Justice. Prevention requires Reforms to change attitude & systems on all related fields and implementation of systems. Deterrence comes from fear of consequences of committing a crime, which, in turn, flows from visibility of quick & certain apprehension of the culprit, conviction  and severity of punishment. Justice comes from reasonable correspondence of punishment to crime committed including reform & rehabilitation of the convict in eminently deserving cases – very discerningly & judiciously based on all critical dimensions like motivation, provocations, triggers, age & maturity, residual life out of jail after serving the sentence requiring the need to bring back the person to the social mainstream etc.
While Police and Administration has the first responsibility to ensure safety of citizens & quick apprehension of offenders, investigation & producing them with evidence before the Court of Law, the Legal system has the onerous responsibility to ensure carriage of justice as well as a major portion of deterrence in terms of  fast-track trial/conviction and exemplary punishment that instils fear of consequences.
Keeping in view the above and my understanding that the assigned scope of suggestions to be made by the esteemed Verma committee is to suggest amendments to existing Laws relating to crimes against women/ sexual offences, I, as a lay-person, offer the following suggestions. Legal nuances & modalities can always be worked out by the experts and experienced in the legal field.
 1.  The first cardinal principle on which  Laws relating to RAPE must be based on should be : “ Even a prostitute/sex worker has a right not to be raped.”
2. Rape to be made a non-bailable offense.
 3. Fast track courts at least for crimes against women of serious nature like rape, acid attacks and other serious sexual assaults ( to be clearly defined). The ideal position would be to have separate fast track courts for all crimes against women – from eve-teasing, stalking, molestation, other sorts of sexual harassment to acid attacks, rape, and dowry deaths.
4. Fast track must be set up across the entire legal structure from trial court at the bottom to appellate judiciary at High Court and Supreme Court.
 (Otherwise, even after fast track trial and conviction at the lower court, the ultimate conviction may take years to come through, prolonging the misery and victimisation of the victim, ultimately resulting in possible miscarriage of justice. Delayed trials and appeal disposals, coupled with chargesheeted rapists or serious sex offenders out on bail is a sure shot recipe for enhanced risk to the victim in particular and society, in general. )
 5. In- camera trial of these cases.  Information Technology need be harnessed to speed up proceedings in the fast track courts  & enhance efficiency of the courts in actually disposing off these cases.
 6. The fast track courts to complete trial within 3 months hearing on a day-to-day basis. The appellate judiciary similarly need to have fast track disposal of the appeals within another 3 months. All cases, thus, must be disposed off and final verdicts passed for ultimate execution thereof within 6 months of commencement of trial.
 7. ban on much objectionable ‘2-finger’ medical test of the assaulted and repeated offensive, humiliating questions regarding details of the incident and exact sequence of violation.
8.  DNA test reports and other forensic test reports relating to sexual assault to be made sufficient evidence of crime having been committed.
9. The onus of proving innocence in sexual offenses should lie on the defendant           ( accused) instead of onus resting on the prosecution to prove the crime.
10. Attempt to rape/ gang-rape to be treated on par with rape.
 (Although establishing evidence relating to attempt to rape may be a little difficult, as compared to establishing rape, it is equally culpable and must be equivalently punished, if proven, for a greater deterrent value. Hopefully, with advanced forensic skills and DNA tests, physical resistance by the victim before the ultimate violation ( read, rape) happens is likely to leave many other verifiable evidence like bruises by nails, bites, hair and so many other stuff.)
11. Stringent and graded punishment need be imposed, depending upon motivation, gravity and brutality of the assault. The minimum in case of rape should be 7 years of imprisonment to 14 years with fine or added term in lieu thereof. In grievous cases, punishment must be  enhanced to  life imprisonment upto 30-50 yrs  subject to a maximum sentence of capital punishment in the rarest of rare cases. Gang rape must attract stricter punishment on the upper end of the scale of punishment.
 (Nothing less than death penalty will be deterrent enough for rapists. Rape is a bigger crime than murder, not only from a woman’s perspective, but from a perspective of the entire society and humanity at large. And gang rape touches the nadir!
The recent Delhi gang-rape case is a glaring example of an open and shut case involving unimaginable degree of savagery in a rape case that may qualify for capital punishment.)
12. Chemical castration should NOT be a prescribed punishment.
(Perverts like rapists getting out of jail after going through such punishment are more likely to imbibe greater mental sickness and adopt other deadly modus operandi like acid attacks, murder or other brutalities on the victim and/or others in the society.  Society can not afford to have these pervert minds roaming around freely even with impotency. )
13. Mercy petitions to the President against capital punishment in a rarest of rare case of sexual assault, once upheld by the highest judiciary, viz. the Supreme Court, must not be allowed.
14. On conviction, full legal cost & medical expenses incurred by the victim/State to be made good by the convict, or extra punishment in lieu thereof should be imposed, if has no means to pay. State to bear this in latter cases.
15. Victim and witnesses be provided protection even if the accused is in police/judicial custody till the final verdict and execution. Necessary to foil any bid to pressurize the victim by anyone known to the accused, especially when accused is a person/related to persons of known clout or  known criminal background.
 16. Laws relating to juvenile accused need a relook to book accused aged 16-17 years of age on par with majors in crimes involving brutality of high degree.
 (A question mark still remains. Even if the juvenile laws are amended, will the same be applicable to the 17 yr old minor accused in the bestial Delhi bus gangrape case ? Because, as on the date of committing the crime, the accused was a minor and came under the purview of the existing juvenile laws. Should be examined, if retrospective effect clause could be brought in by way of amendment.)
17.Mandatory in-jail counselling of sexual assault convicts aged upto 30  serving prison terms upto 14 years
 (A peculiar aspect of many convicts in cases of sexual offences involving sentences at the lower end is their age and expected residual life after serving the sentence in prison. A majority of them happen to be young & in their 20s/30s and even after serving a long sentence in prison from 7 to 14 years, long years of life in the society normally await them. This makes it imperative to think about how to reform and reclaim these people, in eminently deserving cases. Start with mandatory counselling of at least those under age of 30 ( i.e very young, who are likely to have a quite long residual life even after completing 7 to 14 years of sentence), put their behaviour under observation for suitable further BS intervention. As these crimes are usually committed in young age in some cases on the spur of the moment or to settle a score after being rejected, some of them still have a possibility of getting truly remorseful and reformed. The aim of this measure is to try and reform the convict, so that when he goes out of jail, he will not be a repeat offender and /or will be in a position to return to the social mainstream.   )
Other suggestions:
18. National database of rapists and persons convicted of other sexual assaults to be compiled and updated on an on-going basis and made public with their photographs by displaying at police stations. The directory should also be made available on-line. This will go a long way in alerting prospective employers/hirers and others entering into any kind of dealings with them, apart from helping law enforcement authorities in averting repeat offences or bringing them to book.
19. Mandatory Identity Badge with photograph and driving licence particulars for drivers of all types of commercial/govt. vehicles plying for public transport – which should be displayed/mounted inside the vehicle in front side in such a manner as to be visible to the passenger as soon as he/she enters the vehicle.
 20 . Install GPS in all public transports
 21. FIRs must be lodged under CCTV coverage in police stations.
 22. Segregate law & order enforcing team from investigating agency within police
 23. Ensure good infrastructure and technical skill for forensic tests and preservation of forensic evidence till production in court
 24. Ensure street lights in cities
 25. Increase visibility of Police -  more PCR Vans, more constables/homeguards near malls, entertainment spots, in public buses/ trains/metro at night after , say, 9 pm, more beat police at night etc
 26. Install CCTVs at various points of roads for a good enough surveillance of all public transports
 27. PCR & PCR Vans to be equipped with advanced technology-supported tools like mobile trackers etc. and special numbers be allotted or IT be harnessed in some other way to enable women in distress to send out sos calls to police by simple touching/pressing of one or two keys. With mobile tracker, police can reach the spot most expeditiously.
 28. A special drive be made to gender-sensitize police.
 29. Each Police station to have a woman police officer &  each PCR van to have a well-trained woman police officer.
30. Consider feasibility of on-line lodgement of FIR. Online lodgement of FIR to be noted immediately– to be formalised after either visit by the police to the complainant on the spot through mobile tracking/to address given or, after the complainant comes to the police station – depending on the exact situation. Modalities may be worked out by the experts.
31. Fill up all vacancies in the judiciary and enhance strength of police and judges to reasonable numbers vis-à-vis the vast population of India that they are supposed to serve! Crying hoarse about fast-tracking without ensuring the numbers, skills and other enabling factors will lead us nowhere.
The long term solutions, however, call for reforms in Police, Judiciary, Social mindset.
………………………………………..

Wednesday, December 26, 2012

Rape Vrs R-A-P-E


Rape Vrs R-A-P-E

( Uploaded in my website snigdhamohanty. com. Unfortunately, traffic there is almost nil - hence uploaded here again for wider readership.)

Rape Vrs R-A-P-E                        
Following the recent incident of savage gangrape of a paramedico student in Delhi public bus, there has been a huge countrywide outrage as well as a massive brainstorming on how to ensure safety of women and curb crimes against women. Lots of articles containing valuable opinion and suggestions from esteemed members of society have also been published in media.

But one article “ Crime and Punishment” ostensibly championing the cause of women, got me really thinking about the duality of beliefs and consequent lack of genuine empathy for women in society .
(visit link http://newindianexpress.com/opinion/article1389302.ece)

The reasons and concerns observed by the author asto why “award  of death penalty will not stop rape, but swift and harsh punishment will certainly deter would-be rapists” are well taken (although,personally,I would advocate stringent punishment for rape with capital punishment as the maximum, depending upon the rarity and severity of brutality of the crime.). But I felt deeply distressed to find two observations by the esteemed author at the same breath, which perhaps reveals a disturbing phenomenon of many in the society, both men and women, who think they believe in gender neutrality/equality, but deep down in their subconscious, they still harbour and accept the centuries-old prejudices against women. To quote, at one place the author says, “ Rape is horrible because it violates the body,the mind,the honour and the dignity of the victim and thereby is a direct attack on all womanhood.”  and yet, at another place, he goes on to say,“ Murder, that is, permanently depriving a person of life, will always be a more serious offence than rape, regardless of what women activists might say. Despite this, generally speaking, in murder cases life imprisonment is the norm and death penalty is the exception. Is rape so much more serious than murder that we should insist on a mandatory death penalty in rape cases?”

A Freudian slip by the esteemed author??

Rape, (that too the unimaginably violent ones being perpetrated by sick and pervert men with frequent regularity of late) is a violation of body that results in inhuman physical torture- in many cases leading to death or severe conditions leaving the victim as a living corpse, and leads to an  annihilation of  the soul of the victim and worse still, it systematically crushes down entire generations of women through an atmosphere of intense fear of dire consequences for women who dare establish an identity of their own beyond being an appendage to some male!  Pray, how is this any less serious than murder? How I wish I had a magic wand to convert a few men to girl foetuses and make them grow through the entire labyrinth of gender discrimination from mother’s womb to grave, from subtle to pronounced to violent – just to make them understand what it means to be a woman even in today’s so called much-progressed world!!

By the way, the word RAPE itself contains its own solution: Reform, Act, Punish , Exemplify ! Ironically, R-A-P-E can serve as a Master Approach to address any type of deep-seated sickness pertaining to mindset and system. High time, this word is purged of the stigma attached to it so that all can utter it – like all other words referring  to a ‘crime’ so that the shame is on the criminal and not on the victim and secondly, convert it to a positive term to mean a multipronged approach to deal with complex socio-systemic problems.

Any crime has to be dealt with at 3 levels – Prevention, Deterrence & Justice. Prevention requires Reforms to change attitude & systems on all related fields; Deterrence flows from quickness&certainty of being caught & convicted and severity of punishment; Justice comes from reasonable correspondence of punishment to crime committed including reform& rehabilitation of the criminal in deserving cases.

Within this broad framework of action, commendable doable suggestions have come out of all the brainstormings vide sloganeering, debates, discussions, articles etc – which need to be collated and acted upon. Not that we did not know about these earlier – but definitely the silver lining for the society in this darkest cloud for the rape victim is that it has brought the focus back on the issue of women’s safety ! As in every other difficult situation, here too the crying need of the hour is action – the willingness to act !  Some of the suggestions specific to safety of women out of house, like FIR on  CCTV, CCTV coverage in public transports, near malls, cinema halls, more PCR vans, badges for drivers of all public transports ( both govt. and private owned vehicles ) with their name, driving licence and photo  etc. can be implemented forthwith without any difficulty.

Assuming a girl is allowed to be born and treated equally in getting an opportunity for going to a school, Co-education from day one is perhaps one of the most effective measures to facilitate inculcating respect for women in menfolk and self-esteem in women. When boys see a girls matching upto them or doing better in academics and extra-curricular activities in schools/colleges, they automatically see the latter with respect – nobody has to keep preaching “respect the women”. These boys and girls, when they grow up and take important positions in society and organisations, are most likely to be merit-oriented without much gender bias, unless they have picked up that gender bias from other stronger social fabrics and wrong role models.  I can say this with conviction from my own experience and examples of many other women that I know of. So, I reiterate, co-ed is not a sufficient measure to deal with gender issues, but surely one of the most effective ones.

A lot more to be done – to reform society, to reform police, to reform provisions of law, to reform all involved in law enforcement and justice delivery! Herculean task . But we must start dealing with it with genuine seriousness. Let a man not rape a human being; let all of us R-A-P-E the issue of crime – not only against women, but against crimes of all types!