‘MALE’ VOLENCE NIPPED
THE JUSTICE VERMA COMMISSION HAS PRODUCED MORE THAN A REPORT: IT IS A POLICY DOCUMENT THAT SETS THE TONE FOR A FUTURE THAT COULD INSTITUTIONALISE GENDER EQUALITY. NOW, IT IS OUR MINDSET THAT NEEDS TO CHANGE.
The Justice Verma Committee has managed to silence its worst critics by producing a comprehensive and far- reaching report which strikes at the very root of patriarchy. From its very modest mandate of suggesting changes in the rape laws and examining the sentencing policies, it has gone much further and has brought out a gender policy for the country, within a short span of 30 days, after eliciting response from 80,000 respondents.
The clear message that the committee has given is that the gruesome gang rape would never have taken place if it was not mounted upon a range of sexual violence that takes place every day in our homes and on our streets. It is with this ideology that the committee has suggested that marital rape should be recognised as an offence.
But this is easier said than done. How will our legislators give their nod to this radical thought which hits at the very base of male prerogatives? The fear of women misusing the law will loom large on the horizon, even if a Bill is drafted by the law ministry and cleared by the Cabinet, which itself is a doubtful proposition. And how will the legislators legislate against themselves and rule that those who have been charged with sexual crimes should voluntarily resign or should be barred from the sacrosanct duty of legislating for the country?
This is also true for the suggestion that the special privileges awarded to the armed forces should be done away with and all army personnel who commit sexual offences should be tried as per the laws of the country. Repeal of the Armed Forces Special Powers Act has been a long- standing demand. The Verma Committee has added its weight to this demand. But when the safety of its women is pitted against the security of the nation and the morale of its army, there is little doubt which way the government will sway. At best, the government will enact the Criminal Law Amendment Bill, which is pending before Parliament, by incorporating the changes suggested by the committee.
The Bill pending before Parliament is premised upon “gender neutrality”, both for the victim and the perpetrator, which the Verma Committee has clearly rejected. The committee has maintained that rape is a gender specific crime and is committed not only though body parts but through patriarchal mindsets and hence it cannot be diluted. But the committee has also recommended that sexual crimes committed on persons other than women i. e. transgender people, gay men, and vulnerable groups must also be made punishable.
The committee is of the opinion that much can be achieved with the existing laws without introducing any radical reforms. According to the committee, “the workmen should improve the work culture without complaining about the tools — hence mere additions to the statute book will not help.” This forms the core foundation of the proposed reforms. How do we make the state administration and justice delivery mechanism more transparent and accountable? How do we bring in binding protocols, and implementing and monitoring mechanisms? How do we redeem our police force from political influence? How do we bring in culpability?
One important issue that the committee has not clearly articulated is that of compensation for the rape victim. This has been a long- standing demand of women's groups and has also been recommended by the SC. Rather than making the accused person responsible for payment of compensation, the responsibility for this must lie with the state. Barring a few such shortcomings, the report is comprehensive and provides a clear direction for the reforms.