JOIN US'Only sacrifice of innocents prompts change in India'
Reform in the Indian democratic state takes place only in the name of God or by a sacrifice of human being. The State, otherwise, has consistently and miserably failed to respond to the needs of the society.
In the modern world, rule of law requires that elected representatives of the people and lawmakers should bring about reform in the law and in the process introduce far reaching corrective and remedial actions, so as to keep pace with social, economic and cultural change in the society and meet the challenges posed by such change. However, history of independent India is otherwise.
With the best of political structure and vibrant Constitution, which is not a dead but a living organ, we, the people of India, not only have failed the Indian Constitution but our own selves.
The brutal gang-rape of a young woman, which ended in her death, in the heart of India’s capital in a public transport vehicle by a juvenile boy and “regular men” in December last, triggered a massive public outcry led by young men and women of India, ultimately compelling the Government to respond very quickly to bring about much awaited reform in the law against sexual violence on women.
The recently promulgated Criminal Law (Amendment) Ordinance, 2013, in response to the Justice Verma Committee recommendations for far reaching changes in the law, has failed to reflect the comprehensive reforms recommended by the Commission. This again, is the failure of the lawmakers, who lack courage to stand up to those who may oppose reformative actions.
To include acid attack as an offence leaving all other bodily harm out of the purview of the new section introduced, to draw a distinction between sexual harassment and sexual assault as if harassment is not assault, and the failure to take into compass “witch-hunting” and other age-old social evils which victimised women of rural India are glaring failures of the Government in response to the recommendations. At the same time, incorporation of stalking and voyeurism as an offence and introduction of new sections in the IPC is a positive development. Enhancement in the punishment for rape and other sexual offences is, indeed, a positive development which was long overdue.
Amendments to the Code of Criminal Procedure and introduction of procedural change and provision of safeguards from the time FIR is lodged and registered up to leading of evidence, though inadequate in certain aspects, substantially meet with the recommendations and, therefore, the expectations of the people. Amendments in the Indian Evidence Act to correspond to the changes introduced in the Indian Penal Code as well as Code of Criminal Procedure, is a positive development. The amendments in three laws will strengthen the process of adjudication of offences in the court and imposition of severe punishment.
Sensitive change
Emphasis given to physically and mentally challenged is a sensitive change in the law.
Marital rape, police reform, political reform and recommendations made by the Commission to try defence personnel for committing rape under Civil laws are areas which have remained completely untouched in the ordinance. This either shows the lack of adequate courage or will and wisdom of the Government.
However, imposition of AFSPA in the areas prone to violence against the State and commission of offences by defence personnel on the people of the very area has always remained a serious issue of conflict not only for the State, but for others as well. But, by any stretch of imagination, sexual offence on women by defence personnel in the name of discharge of duty or otherwise, is most reprehensible and individual offences, particularly against “vulnerables”, must be made an exception in so far as AFSPA is concerned.
Without police reform, as recommended by the Verma Committee and others, amendments of laws will be inconsequential. The rigour and vigour of reform will be wiped out very soon if law and enforcement agencies in India are not reformed and made sensitive towards the society. If the investigating agency itself remains insensitive and suffers from all civil and societal vices, then every investigation into sexual offences will be subject to all such vices and women will not get justice. Therefore, what is of utmost urgency is police reform.
The Central and State Governments collectively must rise to the occasion without waiting for policemen to commit rape and then introduce reform. Unfortunately, it is only sacrifice of the innocent that prompts change in this country.
(The writer is an advocate practising in the Gujarat High Court.)
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