In cases of sexual crimes against women, the burden of proof must be shifted to the accused, says the Lok Satta Party, in a note to the Justice Verma committee.
The Lok Satta Party and the Foundation for Democratic Reforms have suggested that "in all cases where a person is charged with an offence against women, the burden of proof shall be on the person who is charged to prove that he has not committed the offence".
It is one of the many suggestions the two organizations made to the Committee of Eminent Jurists headed by Justice J S Verma on matters related to rape and sexual assaults against women, after consultations.
The note to the committee was signed by the Lok Satta Party's national president Jayaprakash Narayan, advocate Elizabeth Seshadri and other leaders.
Lok Satta party general secretary Katari Srinivasa Rao and Mahila Satta leaders N Saroja Devi, K Gitamurthy, Hyma Praveen and S Gajanani released the note submitted by the two organizations at a media conference on Sunday.
The note said that that the burden of proof must be shifted to the accused since "they are escaping the consequences of their crimes by resorting to many dubious technicalities". The note suggested the insertion of a section in the IPC making the filing of a false complaint of a sexual offence a cognizable and non-bailable offence with a penalty of at least 5 years of rigorous imprisonment. This, it said, was intended "to ward off dangers of false complaints against innocent persons to settle personal scores or to besmirch their reputation for political or other purposes".
The Lok Satta Party and the FDR called for the death sentence as punishment in cases of gang rape, rape with attempted murder, custodial rape, rape with abduction, rape of a minor, and rape when committed by a person who knows he has an incurable sexually transmitted disease, and in case of repeat offenders or of those convicted of multiple rapes.
The note suggested the incorporation of a new section in IPC providing for punishment of aiding and abetting of rape. The punishment for assault or criminal force to a woman with intent to outrage her modesty should be not less than 5 years rigorous imprisonment and upto 10 years, it said.
The note pleaded for mandatory "caning" as a punishment under Sec 509 IPC, as well as in respect of all sexual offences except in cases where the death sentence is awarded.
"The law should be amended to make offences non-bailable and non-compoundable, and to provide for the confiscation of property as a mandatory punishment in addition to imprisonment or death," it suggested.
The organizations said that special courts must be established to deal with rape offences in a speedy and efficient manner.
"If the Gram Nyayalayas Act is implemented, a large number of offences against women can be tried locally, swiftly, and inexpensively. In all such cases, the law can mandate completion of trial within two months," it said.
To prevent offences against women by students, the note suggested the rustication of those charged with rape or sexual assault by a trial court until the accused are acquitted. Those convicted for rape or sexual assault shall be permanently barred from further education, and public employment, it said.
The note also suggested the redefinition of the term "juvenile" in the Juvenile Justice Act, so that all culprits who have completed 16 years of age are tried as adults in respect of trials for sexual offences against women.
"The law should be amended to the effect that statements or confession made to a police officer by the accused involved in a sexual offence are admissible in a court," was one of the suggestions.
The note suggested the amendment of the Representation of the People Act to the effect that a person who is charged by a trial court with an offence against women shall be disqualified from being elected as a representative of the people, until he is acquitted by a court of law.
The note also called for the constitution of a separate cell for women in every police station; the establishment of a well-equipped, functional forensic laboratory in every district; a SAFE (Sexual Assault Forensic Evidence) collection kit at all police stations, forensic labs and government hospitals; the setting up of community policing units to supplement police efforts; and the strict enforcement of censorship of films to ensure that all scenes and themes which legitimize or condone any form of use of force against women are deleted. (INN)