Sunday, September 1, 2013

Justice Verma Committee and the Anti-Rape Law in India

A friend who is interning at the Center for Civil Society recently carried out a survey to garner people's opinions on some of the controversial recommendations made by the Justice Verma Committee. The recommendations, questions, and my responses are below.

Voluntary Chemical Castration (Chapter 9 - Sentencing and Punishment)

Background:

The report points out that in the 'UK, sex offender treatment programs sometimes offer chemical castration... to convicted sex offenders as a form of psychiatric treatment. This is done in consultation with doctors and psychiatrists with the consent of the sex offender.' (Pg no: 252, Para no: 41)

'It is important to understand that unlike surgical castration, the effects of chemical castration are temporary and therefore repeated monitored doses at regular intervals is a necessary prerequisite' (Pg no: 251, para no: 39)

Q: Is this a valid punitive suggestion for Sexual Assault (Rape) Cases in India?

A: A few years ago, I would've said yes to this question but I've thought about it a lot and I don't think it's valid in the Indian context. I don't know how these decisions are made for sure, but what I do know is that the Indian judicial system is plagued by corruption and loopholes. Castration will be offered in return for reducing the jail term (something that has been seen in many countries). Since it is something that requires regular doses, it is going to be very easy for sex offenders to bribe their way out of their next dose. Ultimately, the person will get away with both a strict jail term and castration. Secondly, chemical castration uses drugs to reduce sex drive. To me, that is like saying "You raping someone didn't have to do with your inability to control your urges, your lack of respect for another human being or your inability to differentiate between right and wrong. It occurred because of something purely biological - which we will now treat." This falls under the same category as victim blaming for me. The sex offender needs to learn that he isn't entitled to instant sexual gratification, not have his life made easier by removing the urges altogether. That's an easy way out. Lastly, when decisions regarding punishments for the Delhi rapists were being made, there were ridiculous talks about the severity and brutality of the rape and how that should determine the punishment. Of course the Delhi rape was horrific, but does that imply that there's a less scarring, less disgusting form of rape and in those cases the culprit can get away with milder punishment? I fear that our highly incompetent and flawed system (for the most part) will never be able to decide who should and should not be castrated, and it will delay justice for many many months/years.

Medical Examination (Chapter 11 Medico-Legal Examination)
Background:

'Medical examination of a rape/sexual assault victim must necessarily take place under the supervision of a senior female obstetrician/gynecologist.' (Pg.no: 278, Para no: 15)

Q: Is it feasible to propose that ‘in order to ensure that there is a consensus of opinion on the medical examination, a board of three doctors must examine a rape/sexual assault victim.'?

A: The rape victim has just undergone a major trauma and has probably had to muster a lot of courage to speak out. Increasing the number of doctors will just make it more intimidating and traumatizing. I know the current system isn't working very well, so instead can't we work on making the process better, more effective and less invasive? The focus should also be on training doctors really well so that they are mindful, considerate and do everything they can to make the victim comfortable and safe. The two-finger test has been in the news a lot over the past few months. I'm not sure if it was finally banned 100% so if it wasn't then that should be done.

Community Policing (Chapter 12 Police Reforms)
Background: 'To augment the police force, there is need to develop community policing by involving the local population.' (Pg No: 338, Para no: J)

Q: Do you think it is feasible to appoint a 'Respectable persons in each locality as a Special Executive Magistrates (under Section 21, Cr.P.C.) and invested power to deal with the traffic offenses and other minor offenses including eve-teasing.'

A: I'm not at all sure of what this entails but I'm saying yes because I think there's a definite need to empower and sensitize the local population to speak up. The ignorance, apathy, and unwillingness to oppose some of the most common offenses is shocking. I don't know if the best way to do that is to "appoint" someone because once it's systematized, chances of misusing power and corruption increase. Plus, "Special Executive Magistrates" is an awful, bureaucratic title which makes very little sense to a common citizen. I also have a problem with the phrase "to augment the police force". The issue will not be resolved by increasing the number but by increasing the quality of training and level of commitment to the job. Our police force has continually let us down. The existing force NEEDS to be better trained so they understand that they are responsible for people's safety and need to speak to people with respect; not be on a power trip and unapproachable like they currently are.

Curriculum Change (Chapter 7 Child Sexual Abuse)
Background:

'The ideas of gender roles which is firmly embedded in the psyche of the Indian male needs to be now psychologically reconstructed on rational lines in the context of relationship with society and with women and particularly respect and equality towards women.' (Pg no: 214, Para no: 30)

Q. Should there be 'a improvisation in the school curriculum which must involve the subject of what are called as “Social science- Practical Applications'?

A: Definitely. Again, I'm not sure what the report is proposing specifically but I completely agree that the current curriculum propagates conventional gender stereotypes and roles and that must change. In addition to adding a subject, I think teachers also need to be trained so that 1) they don't say or do things which are discriminatory, and 2) they make sure that children develop healthy relationships and opinions about the opposite gender in all spheres and activities, not only during the one hour of 'Social Science: Practical Applications'. Specifically, books for elementary school children currently show women sitting by the stove, cooking, and men leaving for office. This needs to be updated!

For more information on the Justice Verma Committee Report -


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