JUSTICE JS VERMA COMMITTEE → set up after the Nirbhaya case in Delhi.
The important recommendations are as follows:
- Retain rape as separate offence and modify the definition of rape as any non-consensual penetration of sexual nature.
- Include marital rape in the definition of rape.
- Set up rape crisis cell which will be notified on any FIR related to sexual offence and will provide legal assistance to the victims.
- Offences against women in conflict areas.
- Remove requirement for central govt. sanction in cases of alleged sexual offence.
- Appoint commissioners in conflict areas to monitor and prosecute officials found guilty of sexual offences.
- Reorient army training to inculcate strict observance in this regard.
- Police reforms
- establish state security commissions to protect state police from any interference by state govt.s
- Police stations should have CCTV camera in the entrance and the questioning room.
- Electoral reforms
- Amend Representation of People Act to include sexual offences as the basis for disqualification of any candidate.
- Sitting members of Parliament with cases booked against them must step down.
- Education reforms
- Sexual education should be imparted in schools as it will make children more aware.
- Carry out Adult literacy programs as it will lead to gender empowerment.
- Judicial Reforms + others:
- The strength of judges should be strengthened with due consideration to quality.
- All marriages should be registered and dowry transactions stopped. New medical protocol must be suggested for rape victims and laws should cover sexuality minorities.
- Crackdown on the unconstitutional Khap panchayats from acting as a parallel legal system.
- Travelling in public transport should be made safer, especially for women.
Change in patriarchal attitude is also need of the hour. There should be a change in the way society looks upon women. Community awareness programs and educating people on these issues will help a lot in raising the status of women in society.
Objectives and Implementation of PCPNDT Act
The PCPNDT Act, 1994 applied a blanket ban on pre-natal sex determination. This was done to:
— Stop female foeticides
— Arrest the declining sex ratio
Child sex ratio has declined from 927 in 2001 to 914 in 2011 showcasing how this act has not helped the reduction of female foeticide.
a.. Prohibition of sex selection techniques before or after conception.
b.. Regulate Pre natal diagnostic techniques for detecting genetic or metabolic or congenital malformations or sex linked disorders.
c.. Prevent misuse of such techniques for the purpose of sex determination of female foeticide.
REASONS FOR THE FAILURE OF THE ACT…
a.. Women are not aware of their rights under the act.
b.. There is a gap between the availability of the funds and their effective utilisation .
c.. Incomplete paperwork related to the act from clinic records, case related documents etc.
d.. Inadequate monitoring of the clinics as most of the states do not have detailed plans for strict implementation.
e.. Lack of witnesses and insufficient evidences thereby resulting in low conviction rates..
However the ban should not be lifted as it will act as a deterrence for the doctor and he will not indulge himself in any wrong doing ,the onus to safeguard foetus will then be on female,ban on sex selection advertisements,easy detection of sex linked disorders, congenital malformations etc.
a.. The government should provide financial support to the states and UT’s for operationalisation of pndt cells,capacity building, sensitisation workshops etc
b.. Information, education and communication campaigns and strengthening the structures for the implementation of PCPNDT act.
c.. States to focus on districts /blocks/ villages with low child sex ratio to ascertain the causes and to plan appropriate behavioral changes.
d.. Mobilize civil society as agents of change and community level watchdogs of malpractices.