Suggestions for Improvements
1. Suggestions for the prevention of such heinous
crime can be divided into ten different heads. These are:-
(a) Justice, crime and Punishment.
(b) Help to the victims.
© Apprehension of accused.
(d) Preventive Measures.
(e) Issues of the
other side- concerning why such crimes are committed?
(f) Sensitization of the Government
Machinery.
(g) Media
responsibility.
(i) Redressal
Mechanism for failure of agencies.
(J)
Accountability of Public servants.
(K)
Administrative issues.
2. Justice and Punishment. The details about
changing definition of rape, limiting Presidential powers for pardon or
commutation and changes in the criminal procedure code have already been
forwarded to the Justice Verma commission for consideration and hence are not
repeated here again.
3. Help to victims. The issues can be divided
into:-
(a) Immediate
help-.
(b) During
Trial.
© After
decision.
4. Immediate Help.
(a) FIR to be registered immediately in the police station
where such message is
Received or where the
victim approaches without any restriction of territorial
Jurisdiction and investigation started. Intimation to the
concerned police station is to be given within 24 hrs along with a report to
the control room. Victim’s details not to be given to any person, accused,
media, etc.
(b) FIR is mandatory whether the complaint is in writing, verbal,
telephonic, post or even by e mail, even if the case relates to eve teasing,
molestation, outraging the modesty of woman or any other crime against woman
and investigation started.
© Medical examination to be done immediately in any Govt. or
private hospital and a copy given to accused or to his immediate relatives. All
medical expenses to be borne by the state and recoverable from the accused when
convicted.
(d) Immediate information given to the Police officer (Not
below an IPS officer) and to the husband/ parents/immediate relatives. It will
be the responsibility of the police officer to monitor the case and ensure that
all help is provided to the victim and also to address all complaints against
his subordinates.
(e) Administration to
ensure that the statement of the victim is recorded by the magistrate as soon
as the victim is able to give statement. This can be in addition to the
statement given to the police. This will ensure that the police does not tamper
with the evidence or change it and also victim does not change it under
influence/threat.
(f) Statement of the victim as given by the victim is to be
recorded. Embarrassing questions to be avoided and if necessary then they have
to be asked by the woman police personnel in the absence of any male police
personnel.
(g) Two finger medical examination as done by most medial
doctors should be banned and if required then to be done by a female doctor
only. If required then help of private female doctors to be taken. Other modern
tests can be used to confirm rape.
5. During Trial.
(a) In Camera trials are compulsory.
(b) Monitoring of the progress of the case by a designated
IPS or IAS officer.
© If rape is confirmed by the medial examination then
indecent or awkward or embarrassing question should not be permitted to be
asked in the court. Statement of the accused to the magistrate is to form the
basis of case and cross examination if required to be done by video
conferencing without the presence of the victim in the court room. Courts to
ensure that these questions are kept within the limit of decency.
(d) Decision to be given by the court within three months
from the date the charge sheet / case if filed in the court. If not decided
then it is to be viewed as inefficiency on the part of the judicial authority
and action initiated against him.
6. After the Trial.
(a) Medical treatment
to be borne by the state and should be recoverable from the accused after
decision is given. The courts should award it as a fine in addition to other
punishment.
(b) Rehabilitation programs in association with the Govt. welfare
department recognized NGO’s, social welfare groups and corporate houses can be
taken to give job and other measures. The aim is to settle the victim
successfully in future life.
© All references to the victim like name, age, address,
parentage, etc not disclosed to any body except concerned persons.
(d) A national data
based of all such accused should be maintain and accessible to any person, industry,
organization and all police verification to include a verification/ clearance
by such authority maintaining this data base.
5. Apprehension of the accused.
(a) Details of he accused to be given on priority to all
police posts/ stations.
(b) Suitable reward may be announced for his apprehension.
© An advertisement is to be given in leading newspapers, if
identity is established or otherwise and the cost recoverable from the accused.
(d)) pressure can be mounted on parents and other immediate
relatives for the surrender of accused failing which action will be initiated
for attachment of property.
(e) Reward to the police personnel who apprehend the accused
to be given after conviction only.
(f) Progress to be monitored on daily basis by a police
officer and kept in file.
7. Preventive Measures.
(a) Police force on night to be increased.
(b) Suitable reduction in the police personnel employed in
VIP security and duty.
© Prompt action, speedier trial and deliverance of justice
and strong punishment will go a long way in prevention of such crimes.
(d) Social stigma attached to the person convicted of such
crimes by the society, neighbors, panchayats and a legal binding on such
persons against employment in any job including banning of such persons to
contest elections to MLA/MP/ cooperative bodies/ panchayats/ civil bodies/
Govt. jobs.
8. Social Issues. - Majority of such crimes is
committed by sexually deprived persons and these feeling are further aggravated
by the visual glorification in films, TV, or the pornography available on the
internet. People come to the cities and more so to metros in search of jobs and
are forced to stay in slums , in a small room with other male members for a
long time , sometimes for years without company of their families ,especially
female(Wife). This leads to a sense of sexual deprivation in them and the life
outside in cities which is relatively free, adds fuel to this fire. If such
crimes are to be eliminated/reduced, then this needs to be addressed. Some
persons have gone to the extent of suggesting legalizing prostitution in order
to curb /reduce such crimes. However, a
cheap housing, reasonable wages which will allow him to stay with family and a
good transport system, increasing employment opportunities in villages/ kasbas/
small towns, a reasonable heck on the depiction /glorification of such crimes
on films/TV/ Internet, and a social awareness programs, and availability of
cheap and good entertainment to this class of people will go a long way in
reducing such crimes.
9. Media responsibility. Media should exercise self
restraint and should not glorify the accused or the victim. Glorification of
such scenes in films, serials or otherwise should be avoided and if required
should be projected in negative sense and to generate awareness. Identity,
parentage, address etc of the victim should not be publicized and also the
trial.
10. Sensitization of Government Machinery. This is
the most important aspect after the procedure and punishment. Police, Govt.
machinery should be given special training to handle, investigate and prosecute
such cases. In almost all cases , except a few, the police personnel are to be
blamed for not being sympathetic or sensitive to the trauma faced by the female
and show arrogant attitude, male chauvinism or even outdated old behavior in
handling such cases. Prompt action to be taken against such personnel by
removing them from the services with no benefits and pension and with a black
mark for future employment. This action to be complete within a time bound
frame of 3 months. Similarly other Govt. officials are to be sensitized and
action for removal taken on complaint with similar results. A prompt action
will go a long way in restoring the faith and confidence of people in police
and Govt. which is at present is very low. The worst are the police and the
politicians including the self styled leaders of Khap panchayats exercising
extra judicial authority. Any person including panchayats excising such extra
judicial authority should be arrested immediately, put in jail with no bail and
sentenced to a minimum punishment of 7 years. No authority except the Court of
law as should be the one to decide on any case against any woman. Police
reforms will go a long way in boosting their morale. Employment of more female
personnel in police and establishment of more woman police stations, which will
take over the case once FIR is registered in any police station within the district,
should be given a priority. Mahila police personnel are to be given special
training and counseling to handle such cases. Recognized female social workers/
female organizations can be attached to such mahila police stations not only to
help, guide the victim but also to the police personnel.
11. Redressal Mechanism for Failure of Agencies. A
system of redressal mechanism to be established and given wide publicity where
complaints against police personnel, Govt. servants, judicial personnel can be
sent by post, e mail, fax, telephone or personally. These should be
investigated and inquired by a senior officer in that or separate department
and if found justified then action to be taken against that person. A wide
publicity to be given to such convictions. And personnel, investigation ,
prosecution and delivery of justice and implementation.
12. Accountability. Accountability for non
registration of FIR, complaints, demand for bribe for registering FIR, harassment
of victim, exerting undue pressure on victim, calling female victim to the
police station, arrest after sunset and overnight locking in police stations, shoddy
investigation, tampering of evidence, apathy of police and administrative
mechanism and personnel in redressing the complaints, timely non implementation
or delay in implementing the decisions should
be fixed and strong action taken such as removal for service should be the norm. A strong message needs to
be sent that the government is not going to compromise on these issues al all.
13. Administrative Issues. Administrative issue like
police reforms to make a better service and not deploying of police personnel
for VIP duty and security and for sensitization of routes for the VIP by police
personnel should be discontinued and these person to the deployed for public service. Long working hours for the personnel and menial tasks like employments as bearers,
cooks , dhobis or personal servant in the house of officers and guest houses to
be stopped. Police personnel should be given the honor and respect which he is
entitled to. Police personnel are to be assessed periodically for fitness such
as medical examination, psychological evaluation and physical fitness. Political
interference in the police matters should not be permitted at any cost.
