CHENNAI: India is attempting to introduce what some countries did in the early 80s – a
sex offenders
’ registry -- to address increasing number of sex crimes. World-over the policy has gone through several empirical analysis and it faced wide-range of criticism that it has not made women and children safer.
The centre has said it is drafting guidelines to set up an online database of charge-sheeted sexual offenders which public can access through a citizen portal. Child rights activists argue that a registry with habitual sex offenders, paedophiles and dangerous cases will be of use. However, they say putting all convicts on the same page could be detrimental.
“This is a myopic of kneejerk reactions," says Vidya Reddy of Tulir- Centre for the Prevention and Healing of Child Sexual Abuse. "The complexities of sexual offences haven’t been thought through. Countries that have tried this have run into a lot of controversies. A clear distinction has to be made between sexual offences committed against children and adults.”
Reddy says that the ‘Vetting and Barring Scheme’ of the UK is a model worth following. This national scheme bars certain people from working with vulnerable groups including children. Organisations and employers can access criminal records to check their suitability.
Germany, which doesn’t have a registry, uses counselling methods to treat pedophiles. Research in the US and the UK have concluded that maintaining a registry doesn’t reduce sexual re-offences and it assumes that sexual offenders are strangers. But, data including that from the National Crime Records Bureau, show that more than 90% of offenders are people known to the victim.
Earlier in February, a 19-year-old man from Mettupalayam was convicted to 10 years imprisonment on charges of raping a girl, 18, though she recorded in court that they had had consensual sex. Consent is immaterial under the provisions of the POSCO Act, the judge said.
If the ‘sex offenders registry’ becomes a reality in India, several people like him will be marked for life while those who get acquitted in rape cases due to legal technicalities will never figure on the list.
Offences committed by children have several shades of grey, says Girija Kumarbabu, general secretary, Indian Council of Child Welfare- Tamil Nadu.
“Often, sexual abuse gets confused with sexual exploratory behaviour and there needs to be caution before grouping all convicts together and branding them,” says Girija. “It may be a little too early to label children as habitual sex offenders.”
Anjali Pawar, founder of Pune-based child rights organisation Sakhee, cites the case of a man who worked for the Pune state adoption agency and attempted to molest his own adoptive child. He was arrested and let out on bail.
“A registry would help to identify an adult like him who should never be allowed to work in a job where he is close to children,” Pawar says. “However, in the cases involving children, not everyone is a sex offender barring extreme cases such as with Nirbhaya. Most rape cases against 15 and 18-year-old boys are love affairs.”
Speaking against the registry, Madras high court advocate Akila R S says that it will make it easier for people to be profiled, discriminated and excluded. “Let the convict serve the harshest punishment under criminal law. But after that, he should have an opportunity to reform and reintegrate into society with a clean slate.”