Justice Verma Committee Report: Recommendations

Justice Verma Committee Report: Recommendations

Question: Recently, an HC judge’s call for mediation between a rapist and a victim sparked outrage. Discuss the recommendations of the Justice Verma Committee report for enhanced punishment to criminals accused of committing sexual assault.

• This committee was constituted for the recommendation of amendments to Criminal law to provide for quick trials and enhanced punishment

• This is a 3 member committee headed by Justice J. S. Verma, the former CJ of the SC

• Other members of the committee were Justice Leila Seth, former HC judge and G. Subramaniam former Solicitor General of India

• Committee made recommendations on laws associated with rape, sexual harassment, trafficking, child sexual abuse, medical examination of victims and the role of police, electoral and educational reforms

Salient Recommendations

• The committee made the recommendation that gradation of sexual offences should be retained in the Indian Penal Code 1860

• Rape should be declared a separate offence according to the committee

• Under the PIC, sexual intercourse without consent is not permitted with the exception of marital rape. Committee recommended that exception to marital rape should be removed

• Marriage should not be considered as an irrevocable consent to sexual acts as per the recommendations of the report

• The Committee also recommended that non penetrative forms of sexual contact should also be viewed as sexual assault and the offence should be punishable with fine, 5 years imprisonment or both

• It recommended that use of criminal force for disrobing a woman should be punishable with 3 to 7 years of imprisonment

• Committee recommended that use of words, acts or gestures creating unwelcome threat of sexual nature should be viewed as sexual assault and punishable by 1 year imprisonment or fine or both

• Key recommendations made by the Committee regarding the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Bill 2012 were as follows:

• Domestic workers should be included within the Bill’s purview

• As per the Bill, complainant and respondent are required to first attempt conciliation

• Employer must pay compensation to the woman who suffered sexual harassment

• Bill needs the employer to frame a internal complaints committee for which complaints must be filled

• Internal committees such as these should be replaced by Employment Tribunal, as per the Verma Committee report to receive and adjudicate all complaints

• Committee also held that any offence should not be clubbed under provisions of grievous hurt which is punishable with imprisonment up to 7 years under the IPC

• Offence was addressed in the Criminal Laws Amendment Bill 2012 currently pending with the Parliament; Verma Committee report recommends that Centre and State create corpus to compensate women victims

• The Committee also made the recommendation that requirement of sanction for prosecution of armed forces personnel should be excluded when sexual offence is alleged, with respect to the Armed Forces (Special Powers) Act and complainants of sexual violence should be given witness protection

• Training of armed personnel should be reoriented for emphasising strict observance of orders in this regard with respect to armed personnel

• Immoral Trafficking Prevention Act 1956 has not defined trafficking in a comprehensive manner, according to the Committee. Trafficking has only been criminalised for purpose of prostitution

• Provisions of IPC have been recommended for amendment to criminalise trafficking by threat, force and inducement

• Criminalising employment of trafficked persons was also recommended and juveniles as well as women protection homes should be placed within the legal supervision of HC and steps be taken for the rehab of victims

• Committee also recommended terms “harm” and “health” should be defined within the Juvenile Justice Act 2000 for including mental and physical health component and harm in mental and physical terms both for juveniles

• Committee rejected chemical castration as a failure to treat social basis of rape

• Death penalty should not be given for rape as life imprisonment will prove a stronger deterrent, the committee felt

• Committee also made the recommendation for the discontinuation of the 2 finger test and held that previous sexual experience of the victim should not be the basis for determining consent or the quality of consent provided by the victim
• Certain steps were also recommended by the committee to reform the police, which are as follows:

• Establishment of State Security Commissions for ensuring state governments do not exercise influence on the state police

• CM or Home Minister of State should head such commissions

• These commissions should lat down broad policy guidelines so police acts in concordance with law

• A Police Establishment Board should decide regarding the transfer, promotions and postings of offices

• DG Police and IG Police should have a tenure of at least 2 years

• A rape crisis cell should be established so that it can provide immediate legal help to the victim

• All police stations should possess CCTVs at entrance and questioning room

• FIRs should be filed online

• Police officers should be duty bound to assist victims regardless of the jurisdiction of the crime

• Police should be trained to deal in an appropriate manner with sexual offences

• Number of police personnel should be increases and community policing should be provided by volunteers

• Bill Rights for women entitling them to a life of dignity and security and complete sexual autonomy in their relationships was also mooted

• Judicial and political reforms were also recommended by the Committee

Facts and Stats

• Around 3,09,546 cases of crimes against women were reported in India in 2013 compared to 2,44,270 in 2012

• This is an increase of 26.7% in 2013

• AP with a 7.3% share of the country’s female population has reported close to 10.6% of total crimes committed against women across the nation

• UP accepted for nearly 16.7% of nation’s female population and accounted for 10.5% of total cases of crimes against women in India while accounting for 32,546 cases in the year 2013