Friday, January 4, 2013

Suggestions to Improve Existing Sexual Offense Law in India


Thank you for the opportunity provided by Justice Verma committee to all the citizens of India to write their views about making sexual assault laws meaningful in light of the heinous crime that was committed on Dec 16th in New Delhi. I strongly feel that making punishment harder and giving wide publicity to such laws will act as deterrent for sexual crimes. As it is said an ounce of prevention is better than a ton of cure and hence I request the committee to deliberate more about prevention of such crimes. Pls. find my suggestions under the following headings

Prevention
Reporting
Investigation
Trial
Punishment

PREVENTION
1.    Providing defense to the defenseless should be the motto of new law
2.    Eve-teasing should be dropped from IPC and should be replaced with the word molestation
3.    Not only rape but any kind of sexual offence to any woman and child be made non bailable offense
4.    The maximum sentence for sexual offense should be death penalty
5.    No sexual offense crime can be punished for less than 20 years without the chance of parole earlier
6.    All person above the age of sixteen should be tried as adult for sexual offense
7.    Every police station in India must have at least one woman police officer at the level of Sub-Inspector and above to co-ordinate the prevention and investigation of sexual offense
8.    Establish a National Sex Offender Database that can be accessed by any Indian national to become aware of such individuals in their vicinity
9.    Sex offenders who are released from jail need to be on parole for the rest of their lives including reporting to their home town police station every month for the rest of their lives
10.A charge sheeted sex offender cannot stand for any public office unless finally acquitted by the courts
11.All persons holding any public office and also accused of sexual harassment should be debarred from making any public policy or vote on any public policy
12.Convicted sex offenders be allowed to appeal only till the Supreme Court and no appeal can be filed after the lapse of 3 month from the last sentence
13.Sex offenders must stay in jail for the entire time of the judicial process including time for appeal
14.Proper police protection to be provided to the victim on request
15.Media must volunteer to keep the names of the victim anonymous unless requested by the victim to the contrary

REPORTING
1.    Provide Internet and mobile access to report crimes of sexual offense so that no one suffers from the humiliation of verbal rape by the authorities. The victims should be able to lodge complaint from the confines of their shelters.
2.    A templatized complaint document needs to be evolved for victims to report the crime in same standardized manner. This templatized document should be available at all government offices and hospitals including its availability on internet
3.    All district and block hospitals in addition to all public/private hospitals which has any in-patient facility should be made nodal points for reporting any sex offence crime including the ability to undergo medical check-up
4.    This will help free-up the police stations from managing such reporting and they can utilize more time in policing and investigations

INVESTIGATION
1.    No investigation officer should be lower in designation than SHO in investigation of sexual offense
2.    Proper training needs to be imparted to all the police officers who qualify to investigate the sexual offense crimes
3.    All police captains must report all sexual assault in their jurisdiction to the leading Newspaper in their area once every quarter
4.    Any lapses or lack of attention to detail during investigation that results in acquittal of the sexual offenders must be severely dealt with including stopping of promotion of the concerned police office for next 5 year

TRIAL
1.    There should be separate fast track court to deal with sexual offense
2.    All trials of sex offense must be over within 90 days
3.    Retired judges of sessions/high/supreme court should be appointed to such fast track courts to assist regular judges for the speedy trial

 PUNISHMENT
1.    Maximum punishment as per the law should be norm rather than exception
2.    Once a convict goes through his punishment, his details needs to be captured in the National Sex Offender database and then remains on parole for life including reporting to home police station once every month
3.    Two strikes (two times found guilty of sexual assault) should make the accused spend rest of his life behind bars, if not jailed for life or awarded death sentence the first time