Here's a really close look at the recommendations made by the Justice J.S. Verma committee/commission/panel on the burning issue of the empowerment of women:
The ten new rights as envisaged by the Verma committee for sexual offence victims are as under;
} Right against marital rape even if the wife is above fifteen years of age. Marital rape as of this moment is only punishable when the same is committed against an underage wife below fifteen years of age. The Verma committee in it's infinite wisdom has recommended the following caveat or amendment: "Consent will not be presumed as taken or given in the event of existing marital relationship between the victim and the accused.
} Right of private defence to the extent of killing the alleged assailant in case of a real or existing threat to the life and limb of the woman in question and the same holds good even in the case of an acid attack. This is in addition to the already existing right to kill somebody who attacks a woman with the intention of either raping her or then vicariously gratifying his unnatural or immoral lust.
} Right against voyeurism: Wherein the victim can seek the prosecution of any person who without her consent or assent secretly watches her engage or indulge in a private act where her genitalia, breasts and buttocks are in view, or then covered by her inner or under wear, or if she is watched in the act of relieving herself in a lavatory or then in the act of a sexual nature that is not necessarily performed within the public domain. An offender who is convicted under this proposed legislation may be punished for a period of three years in case of his first transgression or offence and for a period of seven years for a repeat or serial offence of the very same nature.
} Right against Stalking: The victim shall now enjoy/have the right to report anybody who follows/stalks or comes into contact with her despite an unambiguous expression of disinterest on her part. Such an offender may be incarcerated behind bars or then ensconed in a jail for a minimum period of one year and a maximum of three.
} The victim in question shall henceforth enjoy the right to call or term the assault on her as a rape even if she does not offer any kind of active or passive resistance to the act of penetration or violation. This lack of resistance on the part on the victim cannot be construed as consent on her part as there might be other reasons for her pronounced inability to offer any kind of resistance and the same shall be made even more succinct or specific in a clarification sought to be introduced in the provisions pertaining to the heinous crime of Rape.
} Right to term or call the assault or violation as a rape even if there was no penile-vaginal penetration. A wide spectrum of sexual acts involving the penetration of the vagina, anus or urethra to any extent by either a body part of the accused's body or any other object manipulated or controlled by him shall now be brought/covered under the purview of the widening definition of rape.
} Right to maintain a studied/stoic or complete silence on all queries/questions pertaining to her character, or then her previous sexual experiences or dalliances with any person or persons. Evidence related to either of these personal issues shall henceforth deemed to be irrelevant to determining the defence of consent in the entire gamut or spectrum of rape, molestation or sexual harassment cases.
} The victim shall henceforth also enjoy the right to seek prosecution of the the police officer who refuses to register an First Information Report (FIR) on a complaint of rape, molestation or sexual harassment (eve teasing). The errant officer shall be liable for a prison term that could range to a maximum of five years imprisonment.
} The right to exempt herself from seeking the concerned government's permission, sanction or consent to seek the prosecution of a member of the armed forces who has committed a sexual offence against/upon her in disturbed areas covered under the purview of the contentious and controversial Armed Forces Special Powers Act (AFSPA). This amendment has been introduced keeping in view the fact that the consent of the government had to be sought before registering any such complaint against a member of the armed forces.
} The express right to invoke the principle of chain of command responsibility under which senior officers of both the police force as well as armed forces shall henceforth deemed to be responsible for the conduct of their subordinates and held responsible for the sexual offences committed by and improper or inappropriate conduct of their juniors.
Well, the Verma committee or commission has certainly done the job that was envisaged and a lot more besides as the recommendations made by it have not only empowered women but also brought about a sea change in the way in which rape as well as other sexual offences against women have been viewed thus far.
The rumblings of discontent have already begun with senior army and police officers scoffing at the recommendations pertaining to the chain of command and the law minister terming the implementation or incorporation of the recommendations made in relation the contentious Armed Forces Special Powers Act a near impossible thing.
The onus of ensuring that the recommendations of this visionary committee indeed see the light of the day and bear fruition lie with the teeming millions of women and other well meaning gents who are equally committed to the noble cause of making this country a safe and secure place for it's womenfolk.
Eternal vigilance, relentless pressure and the thwarting of any attempt made to circumvent, dilute or then bury the revolutionary recommendations made by this committee is the crying need of the hour. Will the common man as well as woman exert this much desired relentless pressure or will they let yet another opportunity of making themselves both seen, heard as well as be counted slip out of their grasp. Well, that's the million rupee question.
The ten new rights as envisaged by the Verma committee for sexual offence victims are as under;
} Right against marital rape even if the wife is above fifteen years of age. Marital rape as of this moment is only punishable when the same is committed against an underage wife below fifteen years of age. The Verma committee in it's infinite wisdom has recommended the following caveat or amendment: "Consent will not be presumed as taken or given in the event of existing marital relationship between the victim and the accused.
} Right of private defence to the extent of killing the alleged assailant in case of a real or existing threat to the life and limb of the woman in question and the same holds good even in the case of an acid attack. This is in addition to the already existing right to kill somebody who attacks a woman with the intention of either raping her or then vicariously gratifying his unnatural or immoral lust.
} Right against voyeurism: Wherein the victim can seek the prosecution of any person who without her consent or assent secretly watches her engage or indulge in a private act where her genitalia, breasts and buttocks are in view, or then covered by her inner or under wear, or if she is watched in the act of relieving herself in a lavatory or then in the act of a sexual nature that is not necessarily performed within the public domain. An offender who is convicted under this proposed legislation may be punished for a period of three years in case of his first transgression or offence and for a period of seven years for a repeat or serial offence of the very same nature.
} Right against Stalking: The victim shall now enjoy/have the right to report anybody who follows/stalks or comes into contact with her despite an unambiguous expression of disinterest on her part. Such an offender may be incarcerated behind bars or then ensconed in a jail for a minimum period of one year and a maximum of three.
} The victim in question shall henceforth enjoy the right to call or term the assault on her as a rape even if she does not offer any kind of active or passive resistance to the act of penetration or violation. This lack of resistance on the part on the victim cannot be construed as consent on her part as there might be other reasons for her pronounced inability to offer any kind of resistance and the same shall be made even more succinct or specific in a clarification sought to be introduced in the provisions pertaining to the heinous crime of Rape.
} Right to term or call the assault or violation as a rape even if there was no penile-vaginal penetration. A wide spectrum of sexual acts involving the penetration of the vagina, anus or urethra to any extent by either a body part of the accused's body or any other object manipulated or controlled by him shall now be brought/covered under the purview of the widening definition of rape.
} Right to maintain a studied/stoic or complete silence on all queries/questions pertaining to her character, or then her previous sexual experiences or dalliances with any person or persons. Evidence related to either of these personal issues shall henceforth deemed to be irrelevant to determining the defence of consent in the entire gamut or spectrum of rape, molestation or sexual harassment cases.
} The victim shall henceforth also enjoy the right to seek prosecution of the the police officer who refuses to register an First Information Report (FIR) on a complaint of rape, molestation or sexual harassment (eve teasing). The errant officer shall be liable for a prison term that could range to a maximum of five years imprisonment.
} The right to exempt herself from seeking the concerned government's permission, sanction or consent to seek the prosecution of a member of the armed forces who has committed a sexual offence against/upon her in disturbed areas covered under the purview of the contentious and controversial Armed Forces Special Powers Act (AFSPA). This amendment has been introduced keeping in view the fact that the consent of the government had to be sought before registering any such complaint against a member of the armed forces.
} The express right to invoke the principle of chain of command responsibility under which senior officers of both the police force as well as armed forces shall henceforth deemed to be responsible for the conduct of their subordinates and held responsible for the sexual offences committed by and improper or inappropriate conduct of their juniors.
Well, the Verma committee or commission has certainly done the job that was envisaged and a lot more besides as the recommendations made by it have not only empowered women but also brought about a sea change in the way in which rape as well as other sexual offences against women have been viewed thus far.
The rumblings of discontent have already begun with senior army and police officers scoffing at the recommendations pertaining to the chain of command and the law minister terming the implementation or incorporation of the recommendations made in relation the contentious Armed Forces Special Powers Act a near impossible thing.
The onus of ensuring that the recommendations of this visionary committee indeed see the light of the day and bear fruition lie with the teeming millions of women and other well meaning gents who are equally committed to the noble cause of making this country a safe and secure place for it's womenfolk.
Eternal vigilance, relentless pressure and the thwarting of any attempt made to circumvent, dilute or then bury the revolutionary recommendations made by this committee is the crying need of the hour. Will the common man as well as woman exert this much desired relentless pressure or will they let yet another opportunity of making themselves both seen, heard as well as be counted slip out of their grasp. Well, that's the million rupee question.
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