Friday, January 25, 2013

Re: [IAC#RG] Justice Verma Report: Verma commission report draws armed forces' fire

Thank god that the verma  report represents the feelings and protects the most vulnerable sections of indian society -- its women and children.
do the armed forces think a call for a "ban" on rapes by sliders in conflict areas is a foreign inspired and funded  activity?
What does justice verma's age, or the fact the committee had the physical assistance of a team of law experts and researchers, got to do with the substance and thesis of his report?
surely those who cavil at his call for a paradigm shift in the gender discourse and issues of gender violence themselves  represent vested interests with their own ulterior motives
it is time for the government to  respond to this challenge of devising a just structure in which women and children can feels safe
i also entry support justice verma's refusal to recommend the death penalty.

On 25-Jan-2013, at 5:41 PM, Sarbajit Roy <sroy.mb@gmail.com> wrote:

Dear Swarup and friends

In my personal view Justice Vermna and his 2 committee members have allowed their Committee to be hijacked by a cabal of special interest groups (almost all of whom are foreign financed) who actually wrote most parts of the report.

If anybody seriously expects that 2 persons in their 80's (no matter how eminent they may have been earlier) could dictate and proof read in 15 days such a hefty report, I would suggest they get their heads examined.

People like me who have gone through this report with a toothcomb are surprised how this report paints everybody in Govt EXCEPTING THE JUDICIARY and legal profession as either villains or incompetent fools.

We are also surprised by how a Committee to suggest amendments to the criminal laws for aggravated sexual assaults on women has morphed into a Committee to amend virtually half the criminal laws of India - and that too within 15 days and 2 members aged 80+ years.

This shows how honest and fair this report is.

We sincerely hope that this Govt legislates all the proposed changes in the next 30 days as they promised Justice Verma (like they did LokPal Bill to Anna).

Sarbajit

On Fri, Jan 25, 2013 at 9:40 AM, swarup sarkar <swarup1973@gmail.com> wrote:

What can be our stand on this issue?

Verma commission report draws armed forces' fire

http://timesofindia.indiatimes.com/india/Verma-commission-report-draws-armed-forces-fire/articleshow/18174402.cms

NEW DELHI: The J S Verma Committee report has come under intense criticism from security forces for suggesting "breach of command responsibility", holding a commanding officer (CO) responsible if a junior commits rape. The report's suggestion to amend the Armed Forces Special Powers Act (AFSPA) has also been opposed by the armed and the paramilitary forces.

Many COs and senior officers are arguing that the breach of command responsibility was unacceptable and could lead to COs ending up in jail for upto seven years for the misdeeds of a junior.

"I have almost 1,000 personnel under me, and they are spread across some five kilometres. They could go on leave, or temporary duty. How am I to ensure their sexual conduct throughout the year, 24 hours a day?" asks the CO of an Army unit.

Officials in the Union home ministry too were taken aback by the panel's "unusual" suggestion to include "breach of command responsibility" as an offence under Section 376. "How can the officer commanding a battalion be held responsible if a junior he sends on a patrol suddenly chooses to go morally astray?" asked an officer, adding that vicarious liability in such a case is "nothing short of absurd".

Another senior officer of the security establishment indicated that the forces deployed in conflict zones like Jammu & Kashmir, Maoist-affected states and the insurgency-hit areas in the north-east, have to constantly guard against foisting of false cases by local, self-proclaimed rights groups who may actually be a front of terrorist or extremist groups. "The J S Verma committee's suggestion, if accepted, will only give such activists a legal handle to falsely implicate not only the jawan but his CO as well," the official warned.

A senior CRPF officer posted in a Naxal-infested area said, "Inserting breach of command responsibility in Section 376 is stretching the law too far. There is so much moral degradation in the society. Anyone can commit a crime on a given day. How can you hold the commanding officer responsible because a constable has gone berserk. No one will work for the forces then."

A BSF officer from the Eastern frontier added, "This is akin to jailing the mother for the crime of the son. We already have a mechanism where commanding officer is reprimanded for transgressions of a junior officer; administrative actions are taken. But punishing him for individual aberration is just not on. Unless there is an organised criminal behaviour in a unit, commanding officer cannot be held responsible."

The J S Verma Committee has recommended the introduction of a new section 376F in the Indian Penal Code (IPC) for offence of breach of command responsibility. The proposal is to hold responsible "whoever, being a public servant in command, control or supervision of the police or armed forces...or assuming command whether lawfully or otherwise, fails to exercise control over persons under his or her command, control, or supervision and as a result of such failure" rape and similar offences are committed.

The COs would be held "guilty of the offence of breach of command responsibility" if he "failed to take necessary and reasonable measures within his or her power to prevent or repress the commission of the said offences," the committee has recommended.

Presently, there is no criminal liability for a CO of an Army unit in cases where his subordinates are involved in any kind of breach of discipline. It does of course invite administrative action, or even dismissed from service. The introduction of a criminal liability by a CO for actions of a junior would add a completely new and extremely challenging burden to being a CO, say army officers.

The Committee has also recommended amendments to the Armed Forces Special Powers Act (AFSPA), saying, that "impunity for systematic or isolated sexual violence in the process of Internal Security duties is being legitimized" by AFSPA.



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