The Justice Verma Committee formed to look into crimes against women on Wednesday ruled against recommending the death penalty even in the rarest of the rare rape cases, and also did not favour lowering the age of a juvenile from 18 to 16.
The committee, which was tasked with suggesting legal reforms to deal with sexual assault cases, however said the minimum sentence for a rapist should be enhanced from 7 years to 10 and that life imprisonment must always mean jail for ‘the entire natural life of the convict’. It has also recommended forming a new constitutional authority like the CAG for dealing with issues related to education and non-discrimination of women and children.
Full text of Justice Verma's report (PDF)
Presenting the report on ‘Amendments to Criminal Law’, Mr. Verma said at a time when there were talks of abolishing the death sentence, the committee has “enhanced the punishment to mean the remainder of life”. An overwhelming majority of scholars and women’s organisations told the committee they were strongly against death penalty.
After the gangrape and death of the para-medical student in Delhi last month that led to a nationwide uproar, Union Home Minister Sushilkumar Shinde had said that the government favoured death sentence in the rarest of the rare rape cases.
He had then announced formation of a three-member committee headed by the former Chief Justice of India, with former Chief Justice of Himachal Pradesh Justice Leila Seth and former Solicitor General of India Gopal Subramaniam as its members.
“According to the Working Group on Human Rights, the murder rate has declined consistently in India over the last 20 years despite the slowdown in the execution of death sentences since 1980. Hence we do take note of the argument that introduction of death penalty for rape may not have a deterrent effect,” the Committee recommended.
The Committee also said that in the proposed Criminal Law Amendment Bill, 2012, the minimum sentence for punishment for rape should be enhanced to a minimum of 10 years (currently it is 7 years) with maximum punishment being life imprisonment.
The Committee said castration would be unconstitutional and inconsistent with basic human rights treaties to expose any citizen without their consent to potentially dangerous medical side effects.
On the issue of reducing the age of a juvenile from 18 to 16, Mr. Verma said: “Assuming that a person at the age of 16 is sent to life imprisonment, he would be released sometimes in the mid-30s. There is little assurance that the convict would emerge a reformed person.”
The Committee has criticised lack of reformatory and rehabilitation policies in jails and juvenile homes.
Keywords: Delhi gang rape, Justice Verma committee, crime against women, sexual offences law, Justice Leila Seth, Gopal Subramaniam, India rape incidents
It seems the juvenile gets more protection as per this report. The report is a total failure as it denied public opinion on hanging and even wasted others time by collecting opinions. Please try understand a bit the sufferings of those victims and their families and make a reasonable report.. Rapists should be hanged, if its proved.
NO death penalty to rapists..!! Juvenile age not reduced to 16, Just a
solitary confinement of 20 years..!...Huh..Why just a normal jail life,
provide them with a T.V, radio set, fridge, wifi connection, a laptop
too..
Verma panel has not recommended death penalty.It is grave mistake in
the report. Suppose Delhi gang rape victims are convicted for entire
life under the recommendation what will happen? assume that their
average age is 25 and they will live upto 75 years means each will
languish in jail for 50 years if at least rs 1000/-p.m.is expended on
them and security of rs 10000/-p.m(goverment has to keep them in full
security for at least 4-5 years because there are minimum 1000 people
in the country who are waiting for a chance to kill them) if we
calculate the burden on our exchequer it will cross crores .There are
thousands of cases pending for similar crimes it would be atleast 1000
crore per year.i think it is foolishness. When there are thousands of
children dying of malnutrition,thousands dye for proper treatment and
whre fund is too scare.why to expend on maintenance of rapist,and
murderers.
Karthik, I agree and I am sure there are several others who wish to
ask the same question you asked? What about justice to the victim?
This committee has triggered another massive protest
in India because public is not going to accept this.
An exception must be made as this is just not rape it is rape/murder
and there are no minors...they all are monsters. deserve to die just
as they took the life of a young person. Shame on this committee.
They also trampled over this victim. What a joke? A country that does
not guarantee equal education to ALL guarantees infinite justice and
fairness to cruel and beastly criminals.
Why the committee isn't making it clear that what it means by "rarest of rare". Isn't the Delhi gang rape issue come under that? Going to the practical running of society can we ask whether the majority of scholars and women organization give safety to women as they are against capital punishment. All rape may not be come under capital punishment but "brutal rape and murder" deserves that. The committee shouldn't dilute such heinous crime with such light penalty.
Such Commissions are nothing new. The report will be read and soon be
discarded into waste-bins & nothing will be done and soon it will be
business as usual.The entire Police force needs to be dismantled and
Completely revamped as except for the IPS cadre officers who enter the
Police after a tough and gruelling training and exam on merit, the
rest of Police force is filled with people who have paid bribes to
MLA's, Govt officials and have got into jobs as constables, SI etc. it
is a well known fact that they also bribe to get transfers. It is a
Joke to expect such people to protect the Indian Citizens.Each and
every constable hired should be strictly on merit, physical and mental
fitness & also moral character and only then will they be useful to
the society. The current Police force in India are paid servants who
listen to their Political masters.
Sad.....victim didnt get basic human rights considered and yet they
talking about basic human rights for the accused. Where is the fairness
in that. Just shameful and sad. A young up and coming professional had
her life STOLEN. India lost someone essential and yet these ones get to
live. for what?? So that they can do the same thing again and then get
into jail and relax.
I wonder what recommendation the Verma panel will have when their own
daughter is raped and killed. Since judges and panel members belong to
the elite, loss of another lower middle class individual will not make a
dent to their livelihood or standard of living.
The report is good but I always fails to understand why the clause of human rights come in between every punishment. Why the man who has committed the rape can not be castrated. How it is against the human rights? When the rapist has not taken care of the rights of the women then why should he be granted the human rights.
One more thing that whenever justice is given, there must be a say from the rape victim about the punishment to be given to the rapist..
Responsibility of making law is responsibility of legislature not that of judicial member. They have to deliver justice not to suggest how law should be. Separation of power need to be maintained. Judiciary member should not be given legislative and executive work. They are unable to reflect the people' wishes. Law should be made according to need of society not to that of intelligt peoples view. We need not to follow the approach of western countries. There societies and circumstances are totally different to that of India. We require legislation as per our situation not to that of other countries.
Is the judiciary not under an obligation to deter repetition of
crimes? It is ironical that Justice Verma had invented that the
failure of ‘governance’ is the root cause of crimes against women. He
should know that it is one of the factors for crimes not only against
women but against the people as a whole and our economy while
corruption scandals had trounced the regime. We have any righteous
governance in India?
A strong movement by civil society as happening for fastening
corruption should emerge out in an organized way and prompt a
proactive approach towards the issues that scare social security. Of
course ‘Lokpal’ is still a distant dream. A law to clamp rapes and
assaults of women will not be an exception!
There are many fresh incidences of savage rapes from various states
one after right from the day the unprecedented crowd crusading against
atrocities and rapes were going on at New Delhi after the DEC-16
incident. There is no guarantee that rapes will not happen as long as
we have men with perverted thoughts who get sexually aroused and will
see a prey in any female seen in any vulnerable situations. Culprits
are actually aware of the intensity of an offense on rape, but show
guts to take risk as they are aware of host of ample loopholes to
escape from the prosecution with the connivance of the corrupt local
police or politicians.
Disgracefully our Judiciary too persists in wrongly perceiving
democracy only as a dominion entrusted with elected representatives or
their administration without showing gravity to societal issues that
entails timely amendment of law for clamping adequate punishment.
Even under any constraints, Justice Verma could have raised the
minimum punishment to 20 years; instead it is raised from 7 years to
10 years which is not a big divergence that can dissuade a person when
enticed for rape. It is unbelievable that the committee had not taken
note of the pulse of the society which clamored for severe punishment,
including death penalty in a typical cases for brutal rape and murder
of women has become a routine news in this country and the magnitude
of such crimes had been resolutely condemned by the International
community and forums like U.N, defacing the image of India and its
democracy with respect for human rights. Instead the Committee had
given undue meaning for the finding of the Working Group on Human
Rights which subverted peoples’ demand for capital Punishment by
referring the decline of murder- rate in the preceding 20 years
despite the slow-down in the execution of death sentences since 1980.
Why do we always forget that the case of Delhi girl was not only rape but a cold blooded murder. So even if they do not want death sentence for the culprits, those monsters should be slapped with murder charges and be hanged till death, minor included.
Justice Verma panel, which looked into crimes against women in the background of the Delhi gang rape and murder, deserves praises for doing its herculean job in an excellent manner, in spite of certain insufficiencies which could be mentioned. The toughest aspect of the existing system is the direct involvement in such crimes and unlawful patronage to criminals by politicians and political parties. Unless this problem is solved, no amount of enhancing of punishments would alter the situation. Though mention is made, in the Report, of failure of governance, total apathy of everyone who are duty-bound and insensitivity of police in general and police chiefs in particular, rules seem to lack to identify such bureaucrats and bring them to books. More importantly, the mere suggestions to MPs and MLAs, charge sheeted for crime against women, to resign from their elected positions, thereby showing respects to Parliament and Assemblies and to the Constitution itself, and the recommendation to the Andhra Pradesh Chief Minister to remove his cabinet colleague who tried to conceal existence of criminal case against him, are sure to fall in deaf ears. The Commission could have submitted to the Supreme Court, which recently declined even to hear the plea to disqualify such MPs and MLAs, to use the Court’s special powers to reverse the Order. Even the existing ruling of the court points to the necessity of changes in rules in the area, though the judges say they have ‘no jurisdiction’ to enact them.
Its hard for them to understand that a nonsocial animal must be dealt with the same kinda' treatment from the society and this never violates any human-right. They should first define it.
I just can't understand the reason given by Mr. Verma behind not reducing the age of a juvenile from 18 to 16. This can not be a proper reason.
I've noticed comments praising the censure of civic and law
enforcement authorities by the panel and I am in agreement with them.
However, an equally important issue is the quantum of punishment being
recommended. 10 years for rape and life for rape culminating in death
is a bit incomprehensible to my simple mind. Just because these crimes
happen now with greater frequency is no reason to assume these don't
fall under the category of 'rarest of rare'. Unable to understand how
a 16 year can get away lightly while a 18 year old will not. After
all the 18 year old will also be in the mid thirties upon release from
prison. Should deterrent be the only basis for deciding on the type of
punishment? What about rendering justice to the victim? I'm no legal
expert and would therefore appreciate someone with the legal nous to
help explain the rationale behind such comparatively light sentencing
options being proposed.
Everyone in India knows that governance is not proper, everyone in India knows what the report has to say. Wonder why this took so long to make. There is nothing new in it. There is nothing revolutionary. There is nothing that will curb the crime-doers. Enhanced from seven to ten years, what difference will it make - assured food and accomodation for another three years! The Delhi Gang-Rape that revolted the minds of millions to protest against crimes against women, has just been put to rest. No suggestion of a strict punishment even in the rarest of rare cases. Well, we are just not going anywhere with it! We are stagnant in the same pool of injustice, unmentionable crimes! We are not moving forward, not learning our lessons. Looks like we never will.
I am against death penalty. We can afford to keep people including the ruling class in jail if convicted and use them for ethical work.
Only time will tell whether Justice Verma's recommendations, if implemented, will have any impact on the rate of rape in India. With the death penalty removed, the teeth of punishment is removed. For the starving people of India it may be a blessing in disguice to sentence a criminal with means to eat in imprisonment for life. He will get fed at the expence of the public that he will thoroughly enjoy. Besides, this will offer the corrupt officials an excellent opportunity to have a long term opportunity to pilfer and pocket funding alloted for feeding and for other maintainance charges of the criminal under government control. On the other hand if there is threat of death on their head, it is likely that it will reduce the crime rate. Thus avoiding dalth penalty emboldens and encourages certain sections of the criminals. It would have been worthwhile for the commission to study the systems followed in other countries where they are successful in contrlling or even eliminating rape.
Verma Commission Report is welcome in some points, and disappointing
in some other points. After all, Verma Commission is a council of
human beings. They too have their own setbacks and weaknesses, and
they cannot go too much against the Government Laws, because Law
Making Body, our Parliament is Supreme.
The judgement saying Life Imprisonment means the convict should be in
jail till his life's end. Fantastic message to the Government. But the
evils of rape, killings, lootings are the children of prostitution,
suspense of prohibition and leniency of laws. Our Governments, at the
Centre or States, if they act strongly according the existing Criminal
laws, most of the evils will be weeded out. The entire country should
under total prohibition. No licence for Night Clubs, Eve Teasing come
under criminal punishment.
But how,in this so called democracy....these laws can be executed is a
Million Dollar Question.Let the government implement at least this
verma Commission Recommendations.
The recommendations given by the committee is not to the mark and expectation of Indian People. No death sentence is understandable, but we Indians feel that castration should be introduced in law and sentence pronounced to cases based on convicts involvement in the heinous act. Let it not be the sentence for all cases and recommending the same is unfair as well.
What about the action plan for lack of attention to police officials in patrol? and guys who are lethargic in filing FIR for these cases. Enforcing action plan is OK, but what verdict for the guys who failed till date?? also the deadline for enforcement??
personally feel that approaching a committee framed alike CAG for women and child rights seems that we are totally lagging in the spirit of equality(gender discrimination still exists, moreover minor children are not aware of the same). awaiting committee report every time is not possible. Justice for this kind of crime has to be written immediately as possible.
salute to this panel for following points:
(i) No death penalty
(ii) No new law as it is the deficiency of maintainance of order not shortage of law
(iii) Mindset of a large section of people even if they are educated
In most self respecting countries, officials like the police commissioner and Home minister will resign with events like this. This proves beyond doubt that India is a "banana republic".
The human rights record for India is appalling. This is the same impunity with which the majority population treats the minorities be it women or muslims or christians etc.
Indians generally speaking do not have a send of what human rights means unfortunately. This will be a great barrier to Indians development and people are not even talking about this as a barrier for developemnt. Its amazing dont you think.
All the maladies of India can be traced to failure of governance, as the report so clearly indicates. In turn, the failure of governance can be directly traced to the government sponsored corruption, the likes of which India has never seen since Independence. In the forefront of this corruption is the Congress party and its crooked party leaders. Their only aim is to loot the country and destroy India, for which they have no pride or love.
Having offered my suggestions to Justice Verma commn i strongly feel
that police failure against all crimes in the country is the root
cause of all ills in the country.Where were all the police vehicles
when the crime was being committed on Delhi roads.They are mostly seen
parked near tea shops or Dhabas and totally unaware of happenings
nearby.Never heard police catching a criminal on the scene or after
chase.Safest are our Netas.Its most shocking and annoying to see
regional leaders from UP going arround with 6 or 8 BLACK CAT
commandos walking every where.If they are so afraid of public they
should quit politics and sit at home as suggested even by Supreme
Court.Its matter of shame that young girls get raped every day even
in this capital because police force is most concerned to protect
these leaders who are facing court cases for years.IT HAPPENS ONLY IN
INDIA.Even GOD may be helpless as long we have such leaders and
governments.
I hope analysis is not censored by The Hindu.
Justice Verma has been kind in his report. The absence of an ENFORCEMENT of laws is the bane of India's Justice protocol. It's not this absence that has only failed women, but the failure of an enforcement regime has failed all Indians.
Sir, i am not surprised to learn that failure of governance and law and order assuring agencies were mostly responsible for this detestable crime. In fact the maintanence of law and order and disciplined discharge of duties of every govt official ultimately depends on the the behaviour top govt official which are in very close nexus with the politician. You go in small towns and you will see all is that everything is under the stronghold of politicians and most of the people commiting crimes get away from the law due to this political influence. Even leaders who are elected and represent common man dont think twice before committing crime of any magnitude which is satisfying their self interest. A clear cut example is the governance of Bihar where the change of governance has brought down the crime in the state same is case with mp and some other states. ONLY the awakening of leaders will lead the country to the right path otherwise this will continue for some more decades.
This may look nice as a temporary measure but no permanent solution has
been suggested by Justice Verma. If the character of the people in
general and leaders in particular do not change through man-making
education in the line preached by Swami Vivekananda, only rules and laws
can not achieve the eradication of corruption
I am surprised to see that the Commissioner of Police is not fired along with all his top brass for failure of duty, lack of supervision of the police force and not enforcing accountability. He has proved himself to be unfit for the top job and his attitude towards women is shocking and unacceptable.
Let Us Hope Government Will Not Keep Valuable Commission Report in Cold Stores as Usual...and Let Us Dream New Indian Cities Where Ladies & Kids Can Move Around Irrespective of Time..
Justice Verma. We have all praise for you.
I have never seen or heard or ever knew that such a fair and just analysis can be done. This brings renewed hope. Now its left with Parliament and cabinet to do their job. I wish they don't question the accuracy of the result for the sake of playing dirty politics. One thing is clearly evident. The Political class should not think people are stupid and do a blame game. Instead for at least once do the right thing. This is the best opportunity you can get, to be in the History on this Great Nation, by the way you act, so please act well.
A new India is shaping up. This hope get encouraged by Justice Verma.
We need people like Verma to speak out in clean way and not diplomatic way. Call spade a spade.
While he said no new laws are required and spoke governance is weak, does it even include poor justice delivery system.
That needs to be highlighted as well.
It is heartening to read that the committee had completed the report in 29 days and release it - It is also heartening to read that all the suggestions sent by people inside and outside India.
I sincerely hope that the Govt acts on it.
The tragedy for India is that the young nation is being governed by the old leaders with their prejudiced mindsets. Even a few young leaders who have joined politics now belong to the families known for the same old values and mindsets. Ideally, the committees concerning youth-related issues should have had young members too!
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