Law Minister Moily talks tough on new molestation law, where's the bite!

Wasn't my country already so beautiful, that we need more and more laws to protect the weak and downtrodden! Now there is a proposal to make molestation into a cognizable and non-bailable offence. A cognizable offence means that police can arrest without warrant. A non-bailable offence means that bail is not matter of right of the accused but can be granted by judicial magistrate. For more information on bail read here.

http://www.hindustantimes.com/newdelhi/No-bail-5-years-jail-for-molestors-soon/492505/H1-Article1-492595.aspx

Previously the maximum jail term for molestation was 2 years. I would first like the government to give statistics on molestation cases filed all over India, and percentage of convictions, along with amount of jail term. If you guessed it by now, such statistics don't exist; or the government cannot be bothered anyway by previous experiences and statistics! After all -- the weak must be protected. And what better way to do that than increase the punishment and make it non-bailable, never mind the conviction rates, and the fact that a recent molestation case in the country took 19 years to decide!

Here is the news with my comments:

The government will soon make molestation a non-bailable offence, increasing the maximum imprisonment for the crime from two to five years.

The draft Sexual Offences (Special Courts) Bill, 2010 — prepared by the law ministry — and currently awaiting the home ministry assent, also defines what constitutes molestation much more sharply than at present.

It proposes allowing the police to arrest a person accused of the crime without a warrant. A simple complaint from the victim will be enough.

Comments: And what is proposed to be done if the complainant happens to be a 14 year old girl, and the accused happens to be a high-ranking police official? Will you arrest the police official immediately and throw him behind bars based on the simple complaint? Or will it require permission from government to prosecute the police officer?

“Tough measures are required to deter sexual offences against women,” Law Minister M. Veerappa Moily told Hindustan Times. “Following the shocking Ruchika case, it is clear that molestation needs to be treated as a serious sexual offence as rape.”

Comments: Holy intentions all these! Except for the fact that the record on conviction for rape cases itself is not good. So what great expectations can public have merely from passing of a law which makes molestation as serious as rape!

The bill seeks to modify relevant sections of both the Indian Penal Code and the Criminal Procedure Code.

Sexual Harassment Bill

The sexual harassment bill is being discussed in Law ministry with inputs from Women and Child Development (WCD) Ministry and several organisations and NGOs.

An important clause in the proposed legislation is Clause 12 which is to be applied if a woman makes false allegation of sexual harassment.

Given that many sexual harassment cases are wrongly filed after a tiff with male Manager or disagreement over performance etc, this is a welcome clause. It will prevent misuse and allow use of valuable time and resources to help genuine victims.

Let us support inclusion of Clause 12 into the proposed sexual harassment bill. Please write your comments in whatever online forums you can to include measures against misuse of the law.

Clause 12 of proposed Sexual Harassment Bill:

12. (1) Where the Committee or the Local Committee, as
the case may be, arrives at a conclusion that the
allegation against the respondent is false or malicious or
the aggrieved woman or any other person making the
complaint has produced any forged or misleading
document, it may recommend to the employer or the
District Officer to take action against the woman or the
person who has made the complaint in accordance with
the provisions of the service rules applicable to her or him
or where no such service rules have been made, in such
manner as may be prescribed.

(2) Where the Committee or the Local Committee, as the
case may be, arrives at a conclusion that during the
enquiry any witness has given false evidence or
produced any forged or misleading document, it may
recommend to the employer of the witness or the District
Officer to take action in accordance with the provisions of
the service rules applicable to the said witness or where
no such service rules have been made, in such manner
as may be prescribed.