Hathras: Go back to the Verma panel
The Hathras episode shows the need to implement all its recommendations
The Hathras episode has, once again, exposed the vulnerable state of women in India, especially those from marginalised social groups, and the challenges in ensuring their safety and obtaining justice. While the specific circumstances may have differed, the Hathras case has also been equated with the December 16, 2012, gang rape in Delhi. The 2012 case shook the nation’s conscience, leading to setting up of the Justice JS Verma Committee, which recommended amend-ments to the criminal law to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. On the positive side, the Criminal Law (Amendment) Act, 2013, amended the Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure, 1973, on laws related to sexual offences. But cases such as Hathras are a reminder that ensuring social, institutional and structural changes on the ground will be more difficult than making changes on paper.
It is often forgotten that, along with recommending sweeping legal changes, the Verma panel underlined the need for police reforms because “the protection of women from harassment and threats of a sexual nature” is “dependent on the quality of policing…”. Hathras only reinforces this, for Uttar Pradesh (UP) police officers appeared to show scant regard for the law, basic evidence-gathering procedures, socio-economic status of the victim, and also seemed unaware (deliberately or otherwise) of certain basic changes that have been introduced in the law by the Verma panel. There also seemed to be a disregard for the woman’s dying declaration, which is given an important status by the law, and the state police were quick to jump to conclusions that are for the courts to judge. In fact, most UP police officers do not even seem aware of the Union health ministry protocols for the medical examination of victims of sexual assault, which says the absence of injuries does not mean the survivor has consented to sexual activity.
The other aspect of the Verma panel that most states have chosen to overlook is setting up of one-stop crisis centres to provide integrated support and assistance to women affected by violence — this will facilitate access to a range of services, including medical, legal, psychological and counselling support. The real justice for the victim in Hathras would be implementing the Verma committee recommendations in letter and spirit by both the central and state governments. This requires the utmost political commitment from the top leadership. The outrage against Hathras must be channelled towards structural reforms.