Neeraj Rohmetra
Jammu, Jan 23: Justice Verma Committee, which had been constituted in the wake of the national outrage over the Delhi gang rape in December last year has emphasized on the need to review the continuance of AFSPA and AFSPA – like legal framework in conflict areas of the country including Jammu and Kashmir.
These recommendations have been made by the three-member Committee heading by former Chief Justice J S Verma in Chapter five titled — “Other Offences Against Women” of the 630 page Report.
“There is imminent need to review the continuance of AFSPA like legal protocols in internal conflict areas like Jammu and Kashmir as soon as possible”, says the document, adding, “amendments in the controversial AFSPA were required in these areas and armed forces, police personnel should not be given protection under the law if these men in uniform commit sexual offences against women”.
Questioning the continuance of the legislation in several parts of the country, the Report says, “there is also need to determine the propriety of resorting to such legislations in conflict areas misuse of such acts by men in uniform cause “alienation” between the citizens and the country.”
“We are indeed deeply concerned at the growing distrust of the State and its efforts to designate thee regions as ‘areas of conflict’ even when civil society is available to engage and inform the lot of poor. We are convinced that such an attitude on part of the State only encourages the alienation of our fellow citizens”, the Report said, adding, “there is need to address this very important, yet often neglected areas concerning sexual violence against women — that of legal protection for women in conflict areas. Our views on the subject were based on the information provided by large number of women from areas in Kashmir, the North-East, Chattisgarh, Odisha and Andhra Pradesh, who were heard at length in the course of preparing the report”.
“At the outset we notice the impunity for systematic or isolated sexual violence in the process of internal security duties is being legitimised by the Armed Forces (Special Powers) Act which is in force in large parts of our country. It must be recognised that women in conflict areas are entitled to all the security and dignity that is accorded to citizens in any other part of our country,” said the Report.
The Committee had recommended series of strong measures to ensure such security and dignity of women, which would go a long way not only to provide the women in conflict areas their rightful entitlements, but also restore the confidence in the administration in such areas.
“Sexual violence against women by members of the armed forces or uniformed personnel must be brought under the purview of ordinary criminal law and special care must also be taken to ensure the safety of women who are complainants and witnesses in cases of sexual assault by armed personnel”, says the document.
It also recommends, “there should be Special Commissioners – who are either judicially or legislatively appointed – for women’s safety and security in all areas of conflict in the country including Jammu and Kashmir. These commissioners must be chosen from those who have experience with women’s issues, preferably in conflict areas. In addition, such commissioners must be vested with adequate powers to monitor and initiate action for redress and criminal prosecution in all cases of sexual violence against women by armed personnel”.
Further, “Care must be taken to ensure the safety and security of women detainees in police stations, and women at army or paramilitary check points, and this should be a subject under the regular monitoring of the special commissioners mentioned earlier. The general law relating to the detention of women during specified hours of the day must be strictly followed”. Also, training and monitoring of armed personnel must be reoriented to include and emphasize strict observance by the armed personnel of all orders issued in this behalf.
The committee has also recommended that “special care must also be taken for safety of complainants and witnesses in cases of sexual assault by armed personnel”.
“The incidents involving security forces in the border areas have led to a deep disenchantment and the lack of mainstreaming of such persons into civil society. Serious allegations of persistent secular assault on the women in such areas and conflict areas are causing more alienation,” the 630-page report said.
Elated over the recommendations made by Justice Verma Committee regarding continuance of AFSPA in State like Jammu and Kashmir, Chief Minister, Omar Abdullah tweeted, “glad to see that the Committee has recommended amending of the AFSPA to ensure sexual crimes are punished without special sanction. Hope these recommendations are implemented, which is actually the difficult part”.
“While Parliament will do what it has to but I promise the people of State that we will look at the Verma Committee Report with all seriousness”, he added.
While strongly favaouring serious deliberations on the subject, he said, “I will propose an All party meeting to discuss the recommendations of the Committee so that as many as possible are implemented in Jammu and Kashmir at the earliest”.
Adds from New Delhi:
Making far reaching recommendations, the Justice Verma Committee today favoured comprehensive amendments to criminal laws seeking minimum 20 years imprisonment for gang rape and life term for rape and murder but refrained from prescribing death penalty.
However, the three-member Committee headed by former Chief Justice J S Verma, which was constituted in the wake of the nationwide outrage over the December 16 gang rape of a girl in Delhi, is not in favour of reducing the age of juveniles under the law.
Nor did the Committee favour chemical castration of rapists saying the Constitution of India does not permit mutilation of a human body.
In its report to the government submitted today, the Committee has suggested 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 for those committing rape and leaving the victim in a vegetative state. They include disrobing a woman, voyeurism, stalking and trafficking.
Sexual misconduct also includes intentional touching, spoken words and gestures made as advances.
The present law provides for punishment of rapists imprisonment ranging from seven years to life in jail. For the first time, the minimum punishment is sought to be raised to 20 years in some cases.
The panel’s view on juvenile’s age assumed significance in the context of strong demands for lowering the age from 18 to 16 against the backdrop of the allegation that one of the six accused is said to be a juvenile.
The Committee, comprising a former High Court Chief Justice Leila Seth and jurist Gopal Subramanium, also traversed various areas in a bid to check crimes against women seeking disqualification of MPs and MLAs charged with heinous crimes like rape, measures to check khap panchayats and trial of personnel of security forces under ordinary criminal laws and not under AFSPA.
Addressing a press conference, Justice Verma came down heavily on Union Home Secretary R K Singh for praising Delhi Police Commissioner after the Delhi gang rape instead of coming out with an apology.
It also attacked police for the lathicharge on young demonstrators in the capital last month which it said had scarred democracy.
Releasing the report, Justice Verma told a news conference that the Committee has not suggested death penalty for rapist because there was overwhelming suggestions from the women organisations against it, a point that was received with thunderous applause from activists at the media interaction.
The Committee did not recommend death penalty for rape because it was a “regressive step” and it “may not have a deterrent effect”.
“We have not recommended death penalty as we had overwhelming suggestions against it. The women groups unanimously were against death penalty and that is why we thought that is a strong reason to respect that view particularly in view of the modern trend also,” Justice Verma said.
Even while it recommended amendments to various laws and enhancement of punishment, the panel concluded that existing laws if faithfully and efficiently implemented by credible law enforcement agencies or sufficient to protect the safety and dignity of people particularly of women and punish offenders.
“This is not to suggest that the necessary improvements in law, keeping in mind modern times, should not be enacted at the earliest,” it said.
The Committee also said speedy justice was necessary for right to life with dignity and recommended that systemic changes could reduce burden of arrears in courts. The judge strength can be increased in phases while retired eminent retired judges could be appointed on adhoc basis.
Among the amendments proposed is a change in Section 100 of the IPC dealing with right of private defence which extends to causing death.
Taking note of the brutality committed in the Delhi gang rape incident, the Committee suggested replacement of Section 375 defining rape by defining specific unnatural acts.
Intentional touching will constitute the offence of sexual assault for which punishment will be a maximum of five years rigorous imprisonment or fine or both.
Use of words, gestures which create an unwelcome threat of sexual nature or advance would invite a maximum punishment of one year imprisonment or fine or both.
Causing grievous hurt through use of acid on women shall also be punished with rigorous imprisonment for not less than 10 years but could go upto life.
The Committee said the Delhi gang rape incident has disclosed the failure of many public functionaries responsible for traffic regulation, maintenance of law and order and more importantly, their low and skewed priority of dealing with complaints of sexual assault.
Disputes relating to the jurisdiction of the police over the area of the crime are often a cause of delay in initiating the process of taking cognisance of the crime and providing medical aid to the victim.
The panel said the peculiarity of the Government of National Capital Territory of Delhi not having any control over the police force, which control vests only in the Ministry of Home Affairs is the reason given publicly by the Delhi Chief Minister for the absence of responsibility of her government.
“This ambiguity must be removed forthwith so that there is no divided responsibility in Delhi in respect of maintenance of law and order. Such a step is also essential to maintain accountability,” it said.
The Committee also took note of the apathy of civil society and mentioned about the inaction of passers-by and bystanders, who failed in their citizenship duty of rendering help to the Delhi gang-rape victim and her companion who were lying badly injured and disrobed on the roadside for a considerable amount of time.
“Misbehaviour of the police towards any samaritan is often the cause for such apathy. Bust this must not deter citizens from doing their duty. A change in the behaviour of the citizenry will also improve the conduct of the police. This effort must be promoted,” it said.
Verma Committee today asked MPs and MLAs having heinous cases pending against them to voluntarily quit their seats as a mark of respect to Parliament, legislatures and the Constitution.
This is one of the suggestions put forward by Justice Verma committee which went into improving laws dealing with crime against women.
In its recommendations, the three-member panel dealt with reforms in respect of political establishment and pitched for amendments in Representation of People Act, 1951 to deal with criminalisation of politics.
“We have suggested amendments to Section 33A requiring the making of a declaration about the pendency of any criminal case, whether cognisance has been taken of it. A certificate from the Registrar of the High Court should be necessary for the validity of the nomination.
“We also suggest that, in the event cognisance has been taken by a magistrate of an offence…The candidate ought to be disqualified from participating in the electoral process,” it said.
Currently, a person convicted of any offence and sentenced to more than two years imprisonment shall be disqualified from the date of conviction and for a further period of six years after his release.
The panel also demanded that a candidate who fails to disclose a charge or the commission of an offence should be disqualified subsequently.
Meanwhile, Home Secretary R K Singh faced the ire of the Justice Verma committee which said he should have sought an apology from the Delhi Police for failing to protect citizens instead of praising the force in the aftermath of the gangrape of a young girl.
Singh got the rap for his praise of Delhi Police Commissioner Neeraj Kumar during a press conference after the force arrested six persons in connection with the December 16 gangrape and brutal assault of a 23-year-old paramedic, which sparked off nationwide outrage. “The Commissioner of Police was given a pat on his back by no less than a person holding the post of Home Secretary. I was shocked to see that,” Verma told a press conference here after submitting the report on measures to improve laws dealing with sexual offences against women.
He said the least he would have done was to seek an apology for the failure of the duty to protect citizens and “instead of that (what did we see)”.
Commenting on the protests, Verma complimented the youth for their mature response. “Youth has taught us what we, the older generation, were not aware of. I was struck by the peaceful manner in which the protests were carried out…The youth rose to the occasion,” he said.
However, the panel was critical of the police response to the protests after the incident. “The lathicharge on peaceful demonstrators after the December 16 gangrape has scarred the Indian democracy,” it said.
The panel also noted the “peculiarity” of city government not having any control over Delhi Police, which reports to Union Home Ministry.
This is the reason given publicly by Chief Minister Sheila Dikshit for the absence of responsibility of her government, it said.
“This ambiguity must be removed forthwith so that there is no divided responsibility in Delhi in respect of maintenance of law and order. Such a step is also essential to maintain accountability,” it said.
The panel was of the view that the “undisputed facts” related to the incident “unmistakably” disclose the failure of many public functionaries for traffic regulation, maintenance of law and orderand more importantly, “their low and skewed priority” in dealing with complaints of sexual assault.
Justice Verma committee, set up to recommend measures to improve laws dealing with sexual offences, has received around 80,000 suggestions and wrapped up its work within 29 days.
Justice Verma said the failure of governance was the root cause of crime against women. He also said it was “equally shocking” that there was total apathy of everyone who had a duty to perform.
“We have submitted the report in 29 days. When I offered to do the work within 30 days, I did not realise the magnitude of the work,” Verma said.
He said the report may be known after him but it is the outcome of suggestions from people within India and outside the country.
“We received 80,000 suggestions,” he said adding all of them were read and considered before finalising the report.
On how he decided on a time frame for finalising the report, Verma said when a senior Cabinet Minister approached him on behalf of Prime Minister Manmohan Singh, he asked him when is the next session of Parliament.
“The Minister told me that the (Budget) session will start on February 21. There were two months. So I decided lets do it in 30 days. If we are able to do it in half the time available, then the government with its might and resources should also act fast,” he said. (PTI)
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