What about these, Your Honour?
A FEW ISSUES THE COMMISSION COULD HAVE FOCUSED ON
The report of Justice Verma Committee is commendable as it tries to comprehensively address multiple issues that plague the criminal justice system in our country. It acknowledges that the challenge faced is more than just rape and violence against women. The foe is patriarchy and thus sexual assault against men, particularly homosexuals and other sexual minorities, should be proscribed by criminal law. To this effect, sexual assault as a broader offence including voyeurism, stalking etc. is very useful. The report also addresses the stereotypes in law and society that portray victim of rape as having been shamed, injured and irrevocably broken. Whilst this perception may be true, it is also deeply unhelpful.
By not jumping on the bandwagon to blindly advocate death penalty, or castration, the committee shows much restraint and wisdom. Rape is, as pointed out in the report, yet another crime whose gravity should not be overly exaggerated by law or society. Such views overly sexualise women, disregard their autonomy and fail to note women are more
The report does not address the issue of sexual offences perpetrated by close relatives. Such assault should be treated analogous to custodial rape.
than the sum of their sexual experiences. It compounds the allied problems of failure to report rape and victim- shaming.
There are, however, a few relevant issues that the committee could have focused on in greater detail. The reason why several trials end in acquittal is because of witnesses turning hostile. Suo motu action by the judges against such witnesses will ensure a more honest and successful criminal justice system. Though sporadic, false and motivated complaints do occur in rape. On the very day of the release of the report, a school girl in Tamil Nadu confessed that she preferred a false complaint against her teacher at the behest of another teacher. Thus, where punishment is increased and rules of criminal procedure are molded to treat rape as a more serious crime, invoking perjury strictly will help protect the integrity and credibility of the criminal justice system.
The committee has recommended disqualification of elected representatives if charged under rape. This deviates from the basic principle of criminal jurisprudence that one is innocent until proven guilty. The committee’s concerns are well meaning as we have seen several elected representatives accused of rape and other heinous offences taking advantage of long- drawn judicial process and also using their power to unduly influence the trial. The solution, then, is speedy investigation and time bound trial. Disqualification pending trial is not healthy for democracy.
An omission is that it does not address the issue of sexual offences perpetrated by close relatives. Such assault should be treated analogous to custodial rape for several reasons. Assault by family members is most common and is least reported. Further, violence by family members is more serious as it is an abuse of trust in addition to physical trespass resulting in immense mental agony to the victim.
The committee has exhaustively dealt with the need for police reforms, sensitising the police force and autonomy of the police. While law- breaking “encounter specialists” among the police force are hailed as heroes and rewarded, it is time to also acknowledge and commend sensitive police officers who help tackle and mitigate crimes against women, children and sexual minorities.
The world’s longest hunger striker, Irom Chanu Sharmila, is vindicated. The NorthEast has its voice heard in the committee’s report as it has come down heavily on the emergency- like situation that prevails due to the promulgation of the Armed Forces Special Powers Act. For the first time there is official recognition of the excesses committed by the Army with suggestions for remedies.
As noted in the report, this episode stands testament to upholding the right to peaceful assembly and freedom of expression by peaceful protest and civil society mobilisation. Important lessons learnt: when citizenry gets engaged in public debates, the government will facilitate such public debate and cannot use coercive power to silence it.