Laws on sexual offence

It does us little credit to be asked to make laws on sexual offence more stringent after more than six decades of independence. To be honest, we have very disappointing record of providing safety and security to womenfolk against sexual harassment and related offences. After Delhi rape incident, civil society and judiciary have moved fast to workout a stringent legal regime for prevention of crime against women. The State Government, in following suit, constituted a four-member committee headed by the Advocate General to frame recommendations to existing laws covering sexual offences. The Committee is reported to have finalized the draft recommendations which will now go to the Minister for Law, Justice and Parliamentary Affairs for his consideration and further disposal.
It is highly desirable and also timely that the step taken by the Government in regard to protecting women against sexual offences should bear fruit. In case the recommendations go a step further from what is stipulated in a recent ordinance of the Union Government in this regard, it is welcome. Reliable sources have confirmed that the suggestions are very realistic and based on the experience of judicial experts comprising the committee. Punishment prescribed for various acts of sexual offence in the draft recommendations vary between 10 years and life imprisonment. But the definition of term life imprisonment has been provided and the Government will not be entitled to exercise its discretionary powers of releasing the convict after he or she has completed 14 years of imprisonment. Life imprisonment means for the entire period of natural life. Recommendations of the committee have also laid down something like a code of conduct for the trial court and the prosecuting agency meaning the police. For example, the recommendations stipulate that no indecent questions will be put to the rape victim that would lead to her harassment. A maximum period of 90 days has been suggested within which the trial of the victim case should be finalized and also within 24 hours of the lodging of FIR the police should initiate investigation of the case. The Committee has recommended greater involvement of women police personnel in handling cases of sexual offences. Taken in totality, the draft recommendations are quite reasonable especially in the sense that stringent punishment is unavoidable if we really mean to protect women from sexual offences. Appreciatively the Committee has also laid stress on the point that the victim of rape has also to be provided social security and not castigated as an outlaw, something that usually happens in such cases. We welcome all these recommendations and implore the Minister of Law to throw in his weight in favour of the recommendations and get these through at relevant level.