NEW DELHI: Taking strong cognizance of sexual offences committed by armed forces personnel in conflict zones, Justice J S Verma committee report has not only recommended amendments to the Armed Forces Special Powers Act (AFSPA) but even questioned its continuance in such areas.
The report has recommended that the Act's provision of seeking sanction from the central government before initiating any legal action against an armed forces personnel should be done away with in case of sexual crimes. These would include crimes such as outraging the modesty of a woman and rape.
While making this recommendation Justice Verma has observed that "There is an imminent need to review the continuance of AFSPA and AFSPA-like legal protocols in internal conflict areas as soon as possible. This is necessary for determining the propriety of resorting to this legislation in the area(s) concerned."
The north-east and Jammu & Kashmir have seen massive protests over the years against AFSPA specially due to the protection given to armed forces personnel against legal action that people believe allows the men in uniform get away with heinous crimes. While, J&K CM Omar Abdullah has recommended removal of AFSPA from certain areas of the state, home minister Sushilkumar Shinde has repeatedly said that time isn't ripe yet.
With respect to amendments in the Act to ensure safety of women, Justice Verma has noted: "At the outset, we notice that impunity for systematic or isolated sexual violence in the process of Internal Security duties is being legitimized by the Armed Forces Special Powers Act, which is in force in large parts of our country. It must be recognized that women in conflict areas are entitled to all the security and dignity that is afforded to citizens in any other part of our country."
To ensure protection of women in conflict areas, the report has also made several recommendations that include bringing sexual violence against women by uniformed men under the purview of ordinary criminal law and appointment of special commissioners for safety of women in conflict areas.
"These commissioners must be chosen from those who have experience with women's issues, preferably in conflict areas. In addition, such commissioners must be vested with adequate powers to monitor and initiate action for redress and criminal prosecution in all cases of sexual violence against women by armed personnel," the report states.
The committee has also recommended reorientation of training of armed forces to include laws and issues related to women's safety.
Full text of Justice (retired) JS Verma Committee report
Justice Verma panel suggests amendments to AFSPA
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Justice Verma panel suggests amendments to AFSPA
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Justice Verma panel suggests amendments to AFSPA
