MORE SAFETY TO WOMEN: Punjab IAS Association holds brain storming session

Chandigarh, January 3, 2013: The Punjab IAS Association held a brain storming session at Punjab Bhawan today to discuss the legal remedies to provide more safety and security to women.

The meeting was chaired by the Association President Sarvesh Kaushal, and was attended by large number of IAS officers. Amongst the special invitees were Advocate GeneralAshok Aggarwal, Legal Remembrances H P S Mahal, Senior AdvocateAnupam Gupta, RTI activist H C Arora, former Chief Secretaries K R Lakhanpal and S C Agrawal, former Union Food Secretary Dr B C Gupta and other members of civil society.

It was felt that the issue in hand encompasses larger economic, social and political factors leading to empowerment of women. However, thepresent brain-storming session was confined to discussing the variousaspects of legislative as well as administration of justice to the victims of rape and other sexual offences, and sending the recommendations to Justice Verma Commission, as also to the Chief Minister, Punjab.

It was felt that IPC should be amended so that rape should be punishable by Death, and, till then, the present provision of lifesentence should be inflicted without any parole, remission or pardon.The definition of rape should not be diluted in any proposed amendment by terming it only as one of the sexual assaults, and categorising sexual offences like aggravated sexual assault or otherwise. It should be defined as the most heinous of crimes, which should determine the punishment accordingly.

For reduction of trial span, every district should have at least three fast track courts, and all pending rape cases should be decided on war footingwithin the next three months. It was decided to appeal to the government toappoint more prosecutors because at the moment there are only 140 prosecutors for 400 odd courts in Punjab.

It was also suggested that there should be at least one woman Sub Inspector with a section of woman police personnel in every police station all overPunjab for helping in investigation of women related crimes, besides takingup gender sensitisation of the male police personnel at all levels of police hierarchy.

It was decided to recommend the change of definition of a juvenile under JuvenileJustice Act, so that the so call juveniles who are otherwise fully insenses about the implications of their criminal conduct, must be punishes severely. The definition should not depend upon the age, but the degree of delinquency. It was also felt that a government servant against whom charges of rape have been framed in a Court should be placed under suspension. No rape undertrial should be allowed any bail whatsoever.

It was felt that in view of the fact that as per police records , there are about 50 rapes every month in Punjab, the State Government should frame andimplement a policy of rehabilitation, relief and protection of thevictims, which should be regulated by The Punjab State Women Commission. It was recommended that Punjab State Women Commission should be made functional by making suitable appointments of its Chairperson and members, and should be provided all the means like transport and staff to effectively and purposefully discharge its responsibilities efficiently. It must have district level presence also.

It was also felt that the present executive discretion regarding pardons and remissions for persons convicted of sexual offence must be dispensedwith. It was felt that the Home Department circular of the year 2011issued in substitution of the 1991 circular has been abused to show clemency to rape convicts, and therefore it should be withdrawn. There should be no clemency, remission or pardon for any sexual offender.

Further, it was highlighted that  there should be earmarked proportion for women in government employment, as in the case of  School Educationdepartment, particularly in police. This should apply to Judiciary and allother offices in Punjab government. At present, women are underrepresented in almost all areas of government employment, particularly the police and judiciary.

It was also felt that Indian Evidence Act should be amended to ensure that the Courts do not feel helpless in the face of retracted statements ofvictim as well as prosecution witnesses. In fact they should take nonotice of the victim retracting from her statement, and even order investigation into the circumstances which have led to the victim having been compelled to retract.

It was also recommended that Indian Evidence Act should be suitably amended so that for any sexual offence against any physicallychallenged person, particularly the deaf and dumb and blind women, thesystem of evidence should be absolutely victim friendly, and the onus
to prove innocence should shift to the accused.

It was also recommended that sufficient number of forensic labs and DNA testing centres should be set up in the state for proper andexpeditious scientific investigation, which should strengthen theprosecution. It was also recommended that “Criminal Injuries Compensation Board” should be established. Interim compensation should be given to rape victim even if the case is still going on in the court. Medical help should be provided and woman should be allowed to abort the child if she becomes pregnant due to the incidence. Compensation should be provided to rape victim to rehabilitate herself.

The Government of India may promulgate an ordinance under article 123 which should put in place a charter of human right to protectionagainst violence and brutality for children women and senior citizens.Such brutality and violence may attract life term with labour and without parole remission and clemency. It should provide for punishment for those who decline, delay and doctor FIRs, as well as to the persons under whose patronage and protection such violence is perpetrated. We must disfranchise and prohibit from contesting elections or holding any office those against whom charges for perpetrating or abetting such violence have been framed till they are cleared of the same, similarily, public servants against whom charges are framed should be placed under suspension till they are acquitted. The charter should prescribe strict punishment for sex tourism.

It was recommended that while appointing members of judiciary, civil servants, police officers and all other other public servants theirgender sensitivity quotient should be scientifically examined bypsychologists. Accountability must be imposed very strictly upon Investigating Officer, Prosecutor, as well as the Courts for doing their job in an exemplary manner.

It was recommended that a 'Rogues Gallery of Rapists' be publicised for bringing shame upon the rape convicts.It was recommended that media must realise that showing women in poorlight as commercial objects has a vitiating influence in the society, which is very counter productive. Lastly we must contribute to reform of informal and formal social institutions who have ceased to exercise a moral check on sexual perversion and brutal acts of ordinary human beings against their fellow citizens.

It was also deliberated upon to that the quantum of maximum allowable punishment should increase to death sentence. Another suggestion which came through was that process and procedure of trial should be made victim friendly and such measures like fast track courts, speedy trials, dedicated courts etc. should be adopted for better justice to victims. During the session, it was also suggested that certain changes need to be brought in the law for ensuring relief and rehabilitation of the victims and their families.

It was also held that the number of prosecutors in Punjab as well as whole of India should be increase to match the number of courts. Likewise the criminal law should provide for absolute accountability and responsibility of the Investigating officer, the Prosecutor and to some extent, that of the Judges as well. It was also recommended that Juvenile law should be amended so that definition of juvenile is according to the level of delinquency and as per guidelines given by the UN. This act should not be applicable in the cases of rape. It was also opined in the meeting that a complete new code should be made by the Government for protection of rights of women, children and senior citizens and the punishment should also be given to patrons/perpetrators under this code. It was also suggested that the people against whom charges are framed in the police station, they should disenfranchised and this should be brought in the confidentiality reports of the officers.

A constitutional limit should be provided to paroles/ pardons and remissions etc. Besides  especially debarring in cases of rape crime convicted adding that there should be increase in policing to increase both the quantity and quality of policing. Also more lady police officers should be inducted into the police for providing better service. It was also suggested that the women commission should not remain a toothless commission and the members who are appointed to the commission should be such who have the capability to deliver. Also they should be provided with adequate powers to ensure justice to women.

It was also pointed out that women related crimes are a result of a much deeper disease in the social setup of the country. Therefore there is a need to sensitize the public and make them morally conscious about their duties and responsibilities. Special sensitisation is also needed of the enforcement machinery - i.e. the executive, the judiciary and the police. It was also realised that there is a need for amendments in the Indian Evidence Act on retracted statements.  It also came to the notice during the session that as per a circular issued by GOP in 2011, rape is not included in the definition of heinous crime. It was felt that this should be immediately amended. It was pleaded that the law and procedures should provide for certainty of the conviction and punishment to the accused. Another suggestion which came during the meeting was that the function of law and order and that of investigation, both of which are provided by the police should be separated for better investigation.

In the same manner it was also deliberated in the forum that time limits should be provided for investigating and deciding of cases of rape adding that provision should be included in the law to provide for chemical castration of the convicted criminal. It was also opined that different punishments should be pronounced for different parts of the crimes. It was also suggested that these punishments should run consecutively and not concurrently. At the end, it was also suggested that there should be such measures for preventing women related crimes so that confidence of the public should be built and this confidence building should be visible.