NEW DELHI: If police want to prevent rapes, they will have to show zero tolerance towards petty crimes against women - especially offences like lewd remarks, gesture, sound or act that are aimed at insulting the modesty of a woman. The suggestion, which includes amendment to the Juvenile Justice (JJ) Act to lower the age bar for defining juveniles from 18 to 16 years, came as part of the 35 key points that emerged during the brainstorming of top bureaucrats who had gathered here on Friday to discuss how to deal with crime against women.
Most of them, including directors general of police (DGPs) and chief secretaries of states, argued that such petty offenders — if remain unpunished — would graduate to hardened criminals, who indulge in heinous crimes like rape.
They said that since the provisions to punish such offenders were there in the law under Section 509 of the Indian Penal Code (IPC), it was needed to implement it strictly by bringing certain amendments in the existing legislation like defining the gestures and cataloguing in detail the meaning of objectionable words.
They felt that amendments are needed to remove ambiguity in the law so that police can secure conviction in cases against offenders.
The Section 509 says, "Whoever intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound be heard, or that gesture shall be seen by such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both".
The home ministry, which had called the meeting in the wake of public outrage over the December 16 gang-rape incident, has enlisted this suggestion as one of the key points under the 'crime prevention' category.
Other points, which emerged during the day-long meeting, include amendment to the Juvenile Justice (JJ) Act to lower the age bar for defining juveniles from 18 to 16 years and also to introduce a concept of grading punishment based on magnitude of offences.
This point was discussed in the light of the December 16 incident. One of the six accused, who was the most brutal in the group, in this case is a juvenile and many fear that he may escape with a lighter punishment for the crime, thanks to his age.
Officials also discussed introduction of punishment provisions for juveniles where the convicted ones have to remain in remand home, half-way jail or regular prison depending on age and magnitude of offence.
Besides suggesting higher punishment for rapists (few pitched for even death penalty, though it eluded consensus), DGPs and chief secretaries also recommended doing away with the provision of discretion in grant of bail when there is presumption of an offence having been committed. In addition, they said, there should be no adjournments once a trial starts with day-to-day hearing.
Sources in the home ministry said that all these points would be examined further in consultation with various stakeholders like police, judiciary, NGOs, civil societies and other experts. Some of the relevant points would be passed on to the Justice (retired) J S Verma Committee for its recommendation to the government.
The Verma panel was set up on December 23 to look into the possible amendments to the criminal law to ensure quicker trial and enhanced punishment for criminals, accused of committing sexual assault of extreme nature against women.
Other suggestions include setting up fast-track courts, making available women prosecutors and judges, consideration of victim's choice in selecting prosecutor, audio/video recording of complaints or FIRs, creation of national database of sexual offenders, strengthening of forensic capabilities, reserving posts for women in police, coming out with more elaborate standard operating procedures for investigation, defining timeframe for filing chargesheet, focusing on community policing (police-citizens coordination in crime prevention), establishing single helpline for women across the country and bringing placement (for jobs like drivers, cleaners, conductors etc.) agencies under law among others.
All these suggestions are categorized by the home ministry under six broad heads like crime prevention, changes in law, police organization, women safety, investigation process and trial.
Officials felt that reluctance of women to join police force can be dealt with reserving posts for them. They also suggested posting of one deputy SP as nodal officer for crime against women in every district and one additional DG as nodal officer in every state.
Introduction of gender sensitization as part of the curriculum if not done in police training schools and colleges, increasing number of response vehicles (PCR), starting women PCRs, 'Mahila' help desk in all police stations across the country, setting up more women police stations, fitting GPS system in buses across the nation and setting up care centres for women, who have no place to go at night, with the help of NGOs are some of the other points that were suggested during the meeting.
