1) Sexual offences punishable under the IPC viz,section 294,354,509 to be made non-bailable offences with exorbitant fines imposed and a provision on the lines of Section 75 of the IPC viz. "to be punished heavily upon repeating the crime again" must be incorporated in the abovementioned sexual offences sections of the IPC to punish repeated offenders stringently so that such offences in actuality be a deterrent to all sexual offenders as well as probable ones. Provisions similar to section 382, 399 IPC to be included for premeditated violent cases of outraging a women's modesty.
It is important to mention that surprisingly till date no contemplation has been warranted to deal strictly with repeat offenders of sexual crimes, even though property is given such importance and not the basic fundamental right that is the sexual privacy and dignity of women. Therefore, all the offences such as 354, 509,294 must be embedded in the same vein of punishing repeat offenders more harshly as laid out in Section 75 of IPC, giving women's life, liberty and dignity, if not more, than at least, equal stature as that of property as in section 75 of the Indian Penal Code. This will act as a major detterent to criminal and deprave minds.
2) There must be a written memorandum with certain mandatory steps and procedures to be followed by the police officer concerned dealing with crimes against women that is similar to the lines of Section 164 of the CrPC recorded by the Judicial Magistrate. This memorandum must include the assurances and support provided by the investigating officer to the victim in her respective language which is encouraging by nature for the victim for her to feel no threat in placing her trust in the police while dealing with such cases.
3) Any lapse, on the part of the police officers conducting the investigation that results in acquittal of the accused must be dealt with strictly by punishing the errant investigating officer.
4) It is most urgent and imperative that an independent team of officials be employed to regularly check the fate of cognizable offences of crimes against women recorded through 100 number calls to the police control room. If any variance is found in the call verbatim and the complaint registered in the police records or no complaint at all has been filed then necessary enquiry be conducted to determine the reason of the same and strict action to be taken against the delinquent officers in charge if found guilty.
5) Provisions on the lines of Section 153 (a) of the Indian Penal Code to be incorporated in the Indian Penal Code stating that promoting a feeling of biasedness or enforcing dress code and behavior code of women and girls on a public platform by anyone either through written representation with necessary amendments/modifications be implemented that incorporates exemplary fines and punishments for the same. And, an even higher scale of fines and punishment for eminent people and politicians who have a huge following in the country must be meted out and included in the Indian Penal Code.
6) Under section 376 there lies discretion with the judge through the purport of the word "may" used in 376(1) & (2) to award life imprisonment. This word ought to be replaced by the word "shall" in cases of rape along with mandatorily imposing chemical castration as a minimum punishment to deter criminal and deprave minds of even thinking of committing such crime. And violent & gruesome rapes to attract death penalty.
7) The other argument that erupts from the abovementioned point number (6) and warrants serious attention is the concern that these offenders/sexual offenders can alternatively use the form of acid attack on girls/women to carry out their ill-motives/criminal intentions of anger/causing shame/revenge on girls, knowing that life imprisonment alongwith chemical castration will not be a consequence for this crime. Therefore, it is also mandatory to take this point into note in view of the larger picture of probable consequences, and ensure that acid attacks be given utmost consideration in this light and remedied preventively by banning all over the counter sales of all types of acid completely, with the provision that only a medical practitioner be allowed to avail it with a mandatory check on the same maintained in the form of compulsory signing of a memorandum every time such purchase is made and is to be sent to the medical fraternity as well as the police for record keeping purposes, so that any such offence committed can be easily traced to the medical practitioner's clinic/office.
Unfortunately, till date acid attacks come under section 325/326 or at times 307 of the IPC. The punishments in the abovementioned IPC sections do not confirm to the gravity of the offence and ordinarily not even fit to be attracting the mischief of section 307 IPC. Therefore,in view of this, the 226th Law Commission report's recommendations suggested therein should be implemented in full swing and for dealing with this crime and necessary amendments should be made under a separate/new sections of IPC especially for atrocities called acid attacks, which shall mete out exemplary punishment to the offenders to create a all encompassing deterrent in the minds of such ruthless and inhuman criminals. Such a dastardly act must invoke a minimum punishment of life imprisonment/death sentence and made non-bailable because it is no less than a rape and totally destroys the victim leaving him/her a living corpse. And sec. 357 (a) CrPC to be implemented immediately for acid attack victims & also extended to rape victims.
8) High Crime Zones to be identified in cities and security beefed up in those areas and encourage community policing.
9) CCTVs and decoys to be installed with immediate effect in buses mandatorily as well as GPS systems in auto rickshaws and other such public transports.
10) CCTVs installed in crime hotspots and lonely areas to act as effective deterrents for criminal minds.
11) CCTVs to be installed across all Police stations which would act as an effective deterrent in Police personnel avoiding registration of complaints. And, the current software/hard drive of such CCTVs as stated by the Police themselves is only 15 days stay capacity of recordings, which is unacceptable, therefore, new software/technology should be purchased by the government and installed across all police stations and these should be made compulsorily under RTI Act.
12) Mandatory sensitization training to be given to new recruits of police personnel as well as to existing ones time and again so that offences like eve teasing are also handled with utmost importance as other crimes.
13) Compulsory dissemination of legal remedies available to women viz. citizens charters for the protection of their modesty and dignity for maximum penetration of awareness as this lack of awareness of rights amongst the public regarding their right to remedies and rights is the driving force of such crimes being committed and encouragement of these criminals because of non-reporting of crimes by victims/family members of victim.
14) Prosecute police personnel who are found asking an eve-teasing/sexual assault/domestic violence/rape victim to drop such complaints.
15) Fast track courts to deal with crimes against women and set a deadline of 60 days for justice to be served.
16) Mandatory school curriculum to include case studies on women safety and our rich Indian culture since time immemorial where women were given equal status and great respect. Also in the subject called moral science, they should include lessons of all religions where good values, virtues and respect of womenfolk are stressed upon, this will also help religious discrimination to be culled in the bud as all children will understand that all religions preach the same principle of love, tolerance and peace and that was why our country had always the culture of unity in diversity until the Divide and Rule policy was executed by the British.
17) Schools should teach that the manner in which a girl/woman dresses means nothing at all and all such propaganda is null and void.
18) Setting up of required number of centers across all districts to record complaints of sexual harassment offenses against women.
19) Mandatory self-defense courses to be initiated in schools, colleges and localities for women to be taken compulsorily.Mandatory and free distribution of pepper spray bottles and education on their use to be carried out for everyone.
20) In cases of man committing rape against his wife, no age limit should be set and every rape against wife should be made punishable.
21) Immediate passing of the Model Police Bill pending in Parliament for ensuring Police autonomy and freedom from political interference and just execution of their duty.
22) Immediate passing of all bills related to women and sexual offences like the Sexual harassment of women at workplace bill and India Criminal Law (Amendment) Bill.
23) Suspend all MPs and MLAs all over the country who have cases of crimes/atrocities against women on their heads and ensure/take an oath that their party would never give tickets/field candidates who have cases pending against in the court of law. If any party is found flouting this norm then they should be fined heavily by the Election Commission and the candidate's candidature cancelled by the concerned returning officer.A new legislation should be passed to this effect.
24) As there are provisions for appointing preferably women judges to try rape cases which is a stage precede by many other procedural steps including the stage of investigation. Therefore,at the very outset sexual offences from eve-teasing to rape as well as acid attacks must be assigned to sensitised women police officers as they are better suited for such cases.
25) All states to have women helplines properly & routinely supervised and audited and handled by women only.
This petition closed almost 4 years ago
These are the practical reforms required at the grassroot/every day level,the absence of which are the main reasons for victims voices getting muzzled at the very starting point. So if this is...
These are the practical reforms required at the grassroot/every day level,the absence of which are the main reasons for victims voices getting muzzled at the very starting point. So if this is brought into motion then it will ensure that every voice is heard properly and reaches its logical conclusion via police investigations and courts punishing the criminals.