New Delhi, January 7th, 2013

The NHRC is organizing a consultation on "Violence Against Women" tomorrow, on the 8th January, 2013 in New Delhi in the backdrop of the recent incident of gruesome gang rape of a 23 year old girl in Delhi which has highlighted and brought to focus the threat of insecurity faced by women and girls in the country. The massive protests which have followed the incident are indicative of the fact that the general public is seeking a change of the criminal justice system which would provide the necessary protection and security to the women and girls of the country.

While this incident has shaken people's conscience and rightly so, as this is not an isolated case. Rather, such incidents have become a regular feature in not only metropolitan cities but also in rural areas, where women are subject to sexual harassment and abuse without having proper recourse to legal remedies.

The criminal justice system, as it exists today, leads to harassment of victims of sexual abuse if they decide to seek a legal remedy by reporting the case. The system of policing as well as the registration of reported crimes by police force is emerging as a major deterrent for reporting the case at the first instance. Further, there are protracted delays in trial of such cases due to the shortcomings in judicial system, where there is widespread pendency of cases due to various reasons, including shortage of courts and vacancies in the judicial positions.

Proposals in the form of public interest litigations have been initiated for police reforms, but substantive results have not been achieved thereafter. As a result, the country is governed by the colonial Police Act of 1861. Similarly, there have been initiatives for the amendment of the criminal laws of the country. However, the final amendments are yet to be formalized.

In the wake of the recent unfortunate incident, a large number of suggestions/recommendations have been given by civil society organizations, especially those working on women issues and others. The Government of India has also constituted a Committee under Mr. Justice J.S. Verma, former Chief Justice of India and former Chairperson of NHRC to suggest amendments to the criminal laws, which would help in preventing such brutal incidents.

The purpose of this consultation is to elicit views and suggestions for remedial measures on the following :

" Changes required to be initiated in the criminal justice system for better policing and necessary police reforms to be initiated.
" Amendments in the existing legislations especially, those relating to criminal laws.
" The judicial reforms necessary for early completion of trials and meting out justice to the concerned.
" Initiatives required to have in place a system of prompt rehabilitation of the victims of sexual abuse/ assault including psycho-social assistance.
" Working Towards Change in attitude, media role and way forward.

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