Justice Verma committee pitches for AFSPA review

‘Sexual Offences By Armed Forces In Conflict Areas Should Be Brought Under Ordinary Criminal Law’

New Delhi, Jan 23: In a major fillip to the ongoing demand for revocation of the contentious Armed Forces Special Power Act (AFSPA) from conflict zones such as Jammu and Kashmir and Northeastern states, Justice J S Verma committee set up by the government to look into laws for sexual crimes following heinous gang-rape of a young girl in Delhi, has strongly recommended the need to review the law. The three member panel that also includes Justice (retired) Leila Seth and senior advocate Gopal Subramaniam has suggested that the armed forces, including paramilitary forces, should be brought under the purview of a common law while operating in conflict zones. This, the panel felt is necessary to check the cases of women being sexually exploited.

“Sexual offences by armed forces and uniformed men in conflict areas should be brought under ordinary criminal law,” the committee said.

Referring to the relevant parts of the report while releasing it, Subramaniam, said; “There’s an imminent need to review the continuance of AFSPA in areas as soon as possible,” and added: “Mechanisms need to be put in place to take action against military and paramilitary forces in conflict zones.” He further said that panel had noticed the “impunity of systematic sexual violence” that was being legitimized by AFSPA and that measures to ensure the security and dignity of women would have a long term impact. “General law relating to detention of women must also be strictly followed,” he said.

The AFSPA, which allows personnel of armed forces to enter homes without a warrant and arrest people if they are perceived to be involved in a crime, has been cited by various human rights groups as being draconian and a denial of basic human rights to the people in states where it is implemented. The law which seeks to protect armed forces in conflict zones from being hindered by general law, requires sanction to prosecute personnel accused of crimes. However, in the context of sexual crimes against women the tide may be turning, with even the Supreme Court recently observing that in cases of rape and sexual assault security forces should not be able to shield themselves with the AFSPA. “You go to a place in exercise of AFSPA, you commit rape, you commit murder, then where is the question of sanction? It is a normal crime which needs to be prosecuted, and that is our stand,” a Supreme Court bench consisting of Justices BS Chauhan and Swatanter Kumar noted recently.

Justice Verma Commission, headed by former Chief Justice of India, Justice JS Verma, completed its review of existing laws and prepared its report within a tough 30-day deadline. The Commission said it received 80,000 suggestions from India and abroad after they set January 5 as a deadline for receiving comments from the public to revamp existing legislation to deal with sex offenders.

The panel has identified "failure of governance" as the root cause for sexual crime. It has criticized the government, the police and even the public for its apathy, and has recommended dramatic changes. Some of the measures recommended by the panel include: need for a comprehensive law for violence against women, addressing even mild sexual harassment and registering every complaint of rape. The Commission has also included instance of eve-teasing, stalking and voyeurism, insensitivity of police to deal with rape. 

Source: http://www.greaterkashmir.com/news/2013/Jan/24/justice-verma-committee-pitches-for-afspa-review-51.asp