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J S Vermacommittereport.Pdf TABLE OF CONTENTS Sr. No. Particulars Page no. 1. Preface i 2. Acknowledgments v 3. Glossary vii 4. Introduction 1 5. Methodology 6. Chapter One 24 Constitutionalism, Republicanism, and Gender Equality 7. Chapter Two 57 Gender Justice and India’s Obligations under International Conventions 8. Chapter Three 70 Rape and Sexual Assault 9. Chapter Four 119 Sexual Harassment at the Workplace 10. Chapter Five 142 Other Offences against Women 11. Chapter Six 152 Trafficking of Women and Children 12. Chapter Seven 200 Child Sexual Abuse 13. Chapter Eight 225 Khap Panchayats and Honour Killings 14. Chapter Nine 234 Sentencing and Punishment 15. Chapter Ten 260 Provision of Adequate Safety Measures and Amenities in respect of Women 16. Chapter Eleven 272 Medico-Legal Examination of the Victim 17. Chapter Twelve 312 Police Reforms 18. Chapter Thirteen 340 Electoral Reforms 19. Chapter Fourteen 383 Education and Perception Reform 20. Conclusions and Recommendations 411 21. Appendix 1 425 Gazette Notification No. SO 3003(E) dated December 23, 2012 22. Appendix 2 426 List of Persons Interacted with by the Committee 23. Appendix 3 429 Bill of Rights 24. Appendix 4 434 Proposed Criminal Law Amendments 25. Appendix 5 454 Proposed Amendments to the Representation of People Act, 1951 26. Appendix 6 463 Proposed Emergency Response System 27. Appendix 7 465 Suggested Guidelines for Medical Examination of Sexual Assault Survivor 28. Appendix 8 471 Suggested Protocol for Psychological Interventions in Sexual Assault/Rape 29. Appendix 9 477 Transcript of Interview with Trafficked Girl 30. Appendix 10 510 Transcript of Interview with Abused Children 31. Appendix 11 569 Requests for Information from the Committee to Various Governmental Authorities PREFACE 1. The constitution of this Committee is in response to the country-wide peaceful public outcry of civil society, led by the youth, against the failure of governance to provide a safe and dignified environment for the women of India, who are constantly exposed to sexual violence. The immediate cause was the brutal gang rape of a young woman in the heart of the nation’s capital in a public transport vehicle in the late evening of December 16, 2012. We refrain from saying anything more about the incident, which is sub judice for the trial in a court of law for the offences committed by the rapists. It is unfortunate that such a horrific gang rape (and the subsequent death of the victim) was required to trigger the response needed for the preservation of the rule of law—the bedrock of a republic democracy. Let us hope that this tragedy would occasion better governance, with the State taking all necessary measures to ensure a safe environment for the women in the country, thus preventing the recurrence of such sexual violence. 2. The urgency of the matter impelled the Committee to undertake the performance of the assigned task within the short period of 30 days to enable the authorities, with all their resources, to take the necessary follow up action within a further 30-day period, so that the same or a substantial portion of the same may be completed before commencement of the next session of the Parliament, which, we hope, will undertake the needed legislative exercise recommended by this Committee. i 3. The Committee has been facilitated in the task by an overwhelming response to the Public Notice inviting suggestions within the available short time. An oral consultation was also held for inter action with the representatives of several stakeholders, particularly the women’s social action groups and experts in the field. This stupendous task could not have been completed in time without the dedicated industry of a group of young lawyers, law graduates and academics who worked around the clock to do the necessary research and study required for the preparation of this report. We marvel at the extensive research done by them to collect relevant material from around the world on the subject within such a short span of time. Their contribution is acknowledged separately. 4. Women’s social action groups, which have been actively advocating the cause of gender justice for decades, also came forward to give valuable suggestions with requisite supporting material. Many foreign contributors, including academia and students of prestigious foreign universities also volunteered and rendered valuable opinions. The list is long and the primary contributors are also acknowledged separately. 5. During this exercise, the Committee has been reassured that strict observance and faithful implementation of the constitutional mandate and the existing laws by a competent machinery is sufficient to prevent, and if need be, to punish any sexual harassment or assault; and the improvement needed in the laws, if any, is marginal, to await which is no excuse for the impairment of the rule of law. Correction of the ii societal mindset of its gender bias depends more on social norms, and not merely on legal sanction. The deficiency in this behalf has to be overcome by the leaders in the society aided by the necessary systemic changes in education and societal behaviour. 6. This view of the Committee is buttressed by the fact that the executive, meanwhile, has taken several measures to this effect under the available regimen, and the judiciary too has issued several directions under the existing laws to ensure safety and protection of the dignity of women in public places and in public transport. 7. Failure of good governance is the obvious root cause for the current unsafe environment eroding the rule of law, and not the want of needed legislation. If there was a felt need for more laws, there are many recommendations of expert bodies and judicial decisions that remain unimplemented. The Law Commission’s 84 th Report in 1980 and its 172 nd Report of 2000 relating to this subject, the National Police Commission Reports recommending autonomy and seminal improvement in the quality of the police force, which is the principal machinery for the maintenance of law and order, continue to gather dust for decades due to the apathy of all the political dispensations. The Supreme Court’s judgment of 2006 in Prakash Singh’s case giving certain directions for the autonomy and improving the quality of the police force remain to be implemented by all the governments. Action in this behalf does not brook any further delay, if there is a genuine desire to honour the purpose of constituting this Committee. iii 8. Attitudinal changes to correct the aberration of gender bias have to be brought about in the institutions of governance to improve the work culture, and in civil society to improve the social norms for realizing the constitutional promise of ‘equality’ in all spheres for the womenfolk. The ‘workmen’ must improve the work culture instead of quarreling with the ‘tools’. In the Committee’s view, without the improvement in this aspect, mere additions in the statute book are of no avail. Focus on the machinery for implementing the laws is, therefore, a significant part of this exercise. 9. The Committee hopes that the concern and urgency shown by the Government in constituting it will not wane with the passage of time and the publication of our report; and that the constitutional promise of gender justice in a social order with the egalitarian ethos will soon be realized without much ado. A positive reaction to the tragedy which triggered this response of the government would be the real tribute to the memory of the victim of gang rape and to the honour of the womenfolk. 10. The Committee concludes its task with this fervent hope. J. S. Verma iv ACKNOWLEDGEMENTS 1. It is not possible to ensure that the contribution of everyone in the performance of this stupendous task is duly acknowledged. They are too many to be named individually for an exhaustive list. 2. The response to the Committee’s public notice inviting suggestions was overwhelming. We are grateful for the responses and suggestions received from all stake-holders, including women's groups, social activists, academia, eminent persons, National Commissions, and also some political parties. Many experts, such as medical personnel, psychologists, psychiatrists, mental health providers etc. also gave valuable advice. Help came voluntarily also from the faculty and students of some prestigious foreign universities. The Committee gratefully acknowledges the contribution of each of them. 3. The Committee also acknowledges the benefit it derived from oral interactions with representatives of many women's organizations, constitutional bodies and commissions, lawyers, and social activists etc., who were met for a better appreciation of their suggestions. A list of such persons is annexed. 4. The Committee needs to make a special mention of the team of young lawyers, law students and academics, who worked around the clock, throughout the period, researching and collecting material from across the world, and assisting the Committee in the performance of its task. The Committee's counsel, Abhishek Tewari, Advocate, was overall in-charge of the preparation of the report. He was assisted by Anubhav Kumar, Apoorv Kurup, Devansh Mohta, Jigar Patel, Nikhil Mehra, Nishit Agrawal, Shyam Nandan, v Nithyaesh Natraj, Preetika Mathur, Salman Hashmi, Shwetasree Majumder, Siddharth Peter de Souza, Saumya Saxena, Talha Abdul Rahman and Prof. Mrinal Satish of the National Law University, Delhi. The Committee is indeed very grateful to them for their immense contribution and support. 5. The Committee would also like to thank Professor Laura Hoyano (Oxford University), Judge Michael Kirby (Australia), PRS Legislative Research, Center for Research, Bhuwan Ribhu (Bachpan Bachao Andolan), Sagar Preet Hooda, Prof. David Wilkins (Harvard University), Prof. Diane Rosenfeld (Harvard University), Prof. Sandra Fredman (Oxford University), Prof. Shlomit Wallerstein (Oxford University), Kavita Avula, Dr. Shekhar Seshadri, Dr.
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