My blog in Tehelka

Justice JS Verma speaks during a press conference after submitting his committee’s report to the government in New Delhi on Wednesday. The committee was set up to recommend measures to improve laws dealing with sexual offences. Committee member Justice Leela Seth is also seen. PTI Photo

The Report of the Committee on Amendments to Criminal Law, also known as the Justice Verma Committee – unveiled its recommendations yesterday. Constituted after the spontaneous protests following the Delhi Gang rape case, the Committee headed by Justice J.S Verma, and with Justice Leila Seth and Gopal Subramanium – heard and read  over 80,000 submissions from across India and outside, and delivered a 657 page report (including appendices) in 29 days.   It is an impressive body of work, by any stretch of imagination.

 

The report works at three fundamental levels

a)      A Diagnostic level – what is wrong with State and Society. This includes looking at patriarchy, the issue of attitudes towards women that are borne by family, and society and the violence perpetuated on women and says,

these are practices which are being tolerated by a society ostensibly wedded to the rule of law. (pg.1, point 1)

It also looks at the State and it is inability to ensure that women are safe. It admonishes the Government to say that,  taking all other things into consideration,

Failure of good governance is the obvious root cause for the current unsafe environment eroding the rule of law, and not the want of needed legislation.(preface, point 3)

on attitudes of public servants, for example in the Bhanwari Devi case, it says

trial court acquitted the accused observing that the rapists were middle-aged and respectable persons of a higher caste who could not have raped a lower caste woman. (pg 14, point 32)

b)      A Prescriptive Level – it looks at what can be done to improve both society and State, and penalties for breach of law. This looks at Violence towards women in a more comprehensive manner. It recognizes that

Sexual assault degenerates to its gravest form of rape beginning with uncontrolled sexual harassment in milder forms, which remain uncontrolled. It has, therefore, to be curbed at the initial stage. (page 18, point 40)

In addition to more severe punishment for stalking, voyeurism, ‘eve-teasing’ & unsolicited sexual contact as well rape, the report calls for an attitudinal change brought about by Education – be it sex education at school levels or

Education to correct gender bias and to cure the mindset of the prejudices influencing the law enforcement agencies has also to be a part of this exercise. (pg.15, point 33)

The prescriptions do not call for the Death Penalty but has provisions for longer sentences – a minimum of 10 years served to life. Furthermore,

We …recommend a legislative clarification that life imprisonment must always mean imprisonment for ‘the entire natural life of the convict. (pg. 239, pt. 15)

The prescriptions also look at a variety of issues that had, hitherto not been addressed – Marital rape , waiver of immunity on the rape by members of the armed forces ,  Sex Education in schools, or curtailing the power of the Khaps , as well as calling on elected members of various legislatures and Parliament to resign if they have sexual assault cases registered against them.  It also recognizes the rape of men

Since the possibility of sexual assault on men, as well as homosexual,transgender and transsexual rape, is a reality the provisions have to be cognizant of the same.

The prescriptions also calls for the implementation of Police Reforms and the freeing up of police and judiciary from Government control, and faster trials

Speedy justice is not merely an aspect of the right to life with dignity, but is essential for efficacy of the law and its desired impact, as well as for prevention of its violation. (pg. 411, pt. 2)

It also looks the smaller improvements that can make life better – Street lighting, for example

c)      A Normative level – that lays down a Bill of Rights for Women, for society to aspire towards. It starts by stating that

Every woman shall be entitled to respect for her life and the integrity and security of her person. All forms of violence, exploitation, cruel, inhuman or degrading punishment and treatment targeting women are prohibited (pg. 429, pt 1)

And goes on to unveil some of the most egalitarian sentiments in terms of Life, Security, Equality, Democracy and Secured Spaces.

While the diagnosis is spot on, the prescription is great, the future path brilliant – there is a small problem.  And that is implementation.

There is a gap between intention and action – and that gap is the political will needed to get sweeping changes like this passed. Take something as simple as Sex Education in schools -it ought to be a no-brainer in a country with a burgeoning population and a rising school numbers.  But deep rooted conservatism have allowed the agenda on sex education to be  converted into a debate on cultural values. Police Reforms have been on the anvil for just about ever, the issue as far as police reforms are simple – politicians do not want to give up direct power over the police. Similarly, calls to arrest armed forces personnel for sexual assaults have been going on for the last few decades.Everyone knows that the Khaps need to be curtailed, but when elected members of Parliament depend on the khaps to mobilize votes on election day, it becomes an uphill task.  The measures that are recommended require the stepping on too many toes simultaneously. There are just too many holy cows that need to be addressed to ensure that women’s rights are upheld, and too many interested parties who are willing to fight to ensure that they protect their turf.

What would probably help in ensuring that the Verma Committee Recommendations come to pass, is a time line of goals to be achieved. Step by step, goal by goal these need to be addressed and attained. Break down the report into achievable goals, and start achieving them one by one.  Understand which are going to genuinely create a just and equal society, and which are well intentioned but unimplementable suggestions. Also some suggestions may require more time and deliberation than others. To try and get all that is recommended on day 1 is setting everyone up for disappointment. Pick your battles, overcome those hurdles, and move to the next one.  Hopefully, one day – not too long from today – the good intentions of the whole report will become reality. Till then, all that we can do is  keep trying.