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12. Govt of India) ON THE SECURITY AND SAFETY OF WOMEN AND REMEDIAL MEASURES THEREUPON BY AAM AADMI PARTY .SUGGESTIONS AND RECOMMENDATIONS (in response to the press release dated 24.2012 by Ministry of Home Affairs.

IOs’ rooms. expecting them to be transparent/accountable/effective will continue to remain elusive. Video recording of key areas viz. Room. Prakash Singh versus Union of India be implemented without any delay under direct supervision of Hon’ble Supreme Court. The kind of crime which took place on 16. d. entrance of visitors to the police stations in all police stations and recordings to be kept for all times to come for accountability and transparency. The identified bottlenecks: Transparency. Tenures of field level officers like SHO must be fixed for at least 2 years unless they get either removed by police complaints authority or by the way of majority vote of the people they were serving. Police reforms: In the existing police structure unless serious attempts are made to bring in changes in order to free them from the control of political masters to ensure their allegiance to no one but constitution of India and laws of the land. Effectiveness and Accountability Suggested Remedial measures: a. c.O. independent of government to entertain complaints against policemen from public as well as other government authorities and timely decision on them cannot be delayed anymore. 2. .1.12. 3. Shakshi versus Union of India c. Visakha versus State of Rajasthan b.2012 on the 23 year old girl are primarily on account of two voids viz. Setting up of police complaint authority. While the first requires a detailed study and if asked we can work on that as well but seeing the mandate of your committee accorded by the government our suggestions and recommendations are majorly on the second void. b. D. Directions of Hon’ble Supreme Court passed on while deciding “Prakash Singh versus state of UP” have not seen light of the day till date. Some of them and few others are listed below warranting immediate implementation for the purposes this committee has been set up for. absence of respect towards women and absence of fear of law. Reforms suggested in Judgements of Hon’ble Supreme Court specially a. For long it is felt that Investigation wing is part of the judicial system and hence must be separate of law and order wing of police system. Visitor Room.

Police escorts to and from court. and State Coalitions. policies. On majority vote of the people local to the police station a police officer can be removed and on issues like crimes against women the catchment area for this majority vote should be restricted to women of the area. Cases where the victim needs medical care must be prioritised over everything else and the erring policemen in the event of death of such a victim should be prosecuted for abetment to murder. d. Sensitizing the police force. and practices aimed at ending domestic violence. c. The videographed investigation should be available under RTI subject to the consent of the victim. OVW administers three formula-based and 18 discretionary grant programs. Prosecutors). A suitable mechanism should be brought in to ensure direct accountability of police officers to the people they serve. Secure waiting areas separate from those of the accused and his/her family. g. j. doctors and advocates all preferably women to assist psychologically/legally/emotionally the victim of crimes against women. b. Police PCRs and public transport must be installed with the cameras. SASP (Sexual Assault Services Program). a doctor (if victim needs medical care) and an advocate and ensure their presence at the earliest possible before proceeding with anything else. Keeping the focus on semi-urban and rural population: USA’s Violence Against Women Act (VAWA) passed in 1994 can be referred to for this. f. Officers. dating violence. Training. and e.The 18 discretionary programs work to support victims and hold perpetrators accountable through promoting a coordinated community response. . . OVW(Office of Violence against Women) administers financial and technical assistance to communities across the country that are developing programs. Investigation of a crime against women must be complete in all aspects in 3 (three) months and must be videographed. Complaints by/for a woman victim should be handled only by women police officers and every police station should have on the panel a list of psychologists. f. h. The three formula programs include STOP (Services. i. Witness protection programs. Measures to protect crime victims must be adopted. Denial of bail or imposition of specific conditions of bail release— such as no contact/restraining orders—for defendants found to present a danger to the community or to protect the safety of victims and/or witnesses. sexual assault. latest technologies to check accountability and transparency and GPS system. Residence relocation. Some examples include: a. and society at large. and stalking.e.Currently. witnesses and friends during court proceedings. On arrival of such a victim the duty officer must compulsorily check the availability of a psychologist. Funding is provided to local and .

These entities work toward developing more effective responses to violence against women through activities that include direct services. college students. we will have responsible citizens in the future. legal assistance to victims. and that includes her medical examination with the best doctor possible using mechanisms. . and training for law enforcement and courts. recommendations of Law commission and Hon’ble Supreme Court passed in 1986 and again in 2000 respectfully must be implemented without any further ado. In fact. Any attempt to malign her in future for the crime committed against her must be dealt as severely as the SC-ST Act. If we start training our young boys today and continue this sensitization. culturally and linguistically specific populations. or persons with disabilities. non-profit organizations. Additionally as funding allows. This is a long-term measure that will benefit society in the longer run. . . These initiatives dedicate resources to develop enhancements in areas requiring particular attention or in communities facing particularly acute challenges. science. courts. teens. secondary schools.They also work with specific populations such as elder victims. c. which can ascertain the truth in the best way. All evidence of the crimes committed on her must be collected without any delay whatsoever. Judicial reforms: Background: In 1986 Law commission through chairman. transitional housing. all cases of crimes against women should be dealt with by will fast track courts such that the trial finishes in two months and the victim should be appropriately rehabilitated and compensated if required while maintain her anonymity at all costs. a. 4. OVW funds special initiatives in response to areas of special need. To fast track all matters and especially involving crimes against women without losing the fairness of the trial. b. institutions of higher education. These should also be available under RTI subject to the consent of the victim.state and tribal governments. In 2000. community-based organizations. technology. They enable OVW to explore innovations in the violence against women field and share knowledge that can be replicated nationwide. Proceedings of the trial must be videographed and the same and transcripts thereof must be kept for all time to come. and state and tribal coalitions. Hon’ble Mr Justice Desai had recommended that to clear the backlog of the cases and effective and in time attendance of the cases 5 times than the existing strength of the judges should be appointed. crisis intervention. Hon’ble Supreme Court again in the matter “All India Judges Association” repeated the recommendation of Hon’ble Mr Justice Desai but till date the strength of the judges has not gone up even by 50%. court improvement.

Every effort must be made by the Ministry of Women and child Development to spread awareness on Women’s Rights and sensitization through media. After the 3rd instance. The number of women drivers and conductors in DTC buses must be increased and women special buses must be introduced after 9 pm. or via someone else. System/Legislative reforms: This is in addition to the suggestions made above which were focused on judicial and police the two most important wings crying for reforms. c. jail term to be increased to nonbailable imprisonment for 1 year. Its gender neutrality be removed and its nature should continue to be for crimes against women. Stalking could mean not just physically. A minmal metro service should also run at least upto 2 am. EveTeasing/Molestation/Stalking: Make them do community service (cleaning roads/drains/garbage) near their home/workplaces and let them be supervised by the regular 'safaikaramcharis' there + Monetary fine + nonbailable imprisonment for 2 months. 2012 is a good step but Stalking and outraging the modesty of a woman physically or verbally also need to be defined and included as crimes against women in the said Bill. and cancellation of passport. and upon conviction the said person must be removed. b. Law is inadequate as existing law on rape includes only penetration and does not include all sorts of penetration.5. all govt. The Representation of peoples act must be amended to disqualify candidates against whom charges have been framed by a court of committing crimes against women or have a prior record of committing crimes against women. Punishments: a. both print and electronic. On 3rd instance. but also digitally. Laws governing government servants should be tightened to ensure that no person who has a court framed charge against him of crime against a woman should be allowed to continue in his office till his name is cleared. all govt. b. related documents. driver's license. Fine to be doubled on 2nd instance of eve-teasing and non-bailable jail term increased to 6 months. related documents. d. the accused to be declared as a repeat offender and jailed for a period of 3 years + to be monitored on a monthly basis + cancellation of passport. Such cases of crimes against women by government servants should be tried in fast track courts. Replacing rape by sexual assault as suggested in the Criminal Law (Amendment) Bill. driver's license. electronically. c. . Some bus services should run for women throughout the night. a.

all government related documents. all government related documents. Alternatively. along with above. In case the accused is financially not strong enough to do so. driver's license. Sexual Violence: The accused must be jailed for a period of at least 7 years + cancellation of passport. the accused is supposed to pay a monthly fixed compensation to the victim till she turns 18. The punishment prescribed in Section 354. driver's license. Note: Stalking could mean not just physically. g. related documents. driver's license. electronically. or via someone else. f. In case the victim is a minor (with or without consent). In case the victim is a minor. driver's license. IPC should be increased to five years rigorous imprisonment. driver's license. the jail term must be extended and he must earn that compensation in the jail. The accused is to pay a fixed amount of compensation to the victim. all govt.d. jail for a minimum period of 4 years. in addition to being sentenced to a non-bailable imprisonment for 3 years + cancellation of passport. Repetition of the crime would be treated with the jail period of 10 years + cancellation of passport. along with the above punishments. In case the victim dies during or after the act. h. related documents. and must be awarded nothing less than capital punishment. but also digitally. Gang Rape should be treated differently than rape and compulsorily penalized with life imprisonment Acid Throwing: The accused should be sentenced to a non-bailable imprisonment for 3 years + cancellation of passport. e. the guilty must be given 10 years of rigorous imprisonment + cancellation of passport. In case the victim is a pregnant woman. all government related documents. . the accused must be tried for murder as well. the accused is supposed to pay a monthly fixed compensation to the victim till she turns 18. all govt.