Verma panel’s recommendations on AFSPA may not be implemented?

Last Updated: Thursday, January 24, 2013, 19:49

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Tags: Delhi, Gang-rape, Justice Verma panel, Armed Forces Special Powers Act, AFSPA, Law Minister, Ashwani Kumar

New Delhi: A day after Justice Verma panel made recommendations for changing laws to check crimes against women, government on Thursday indicated it may not be able to implement them in relation to AFSPA and disqualification of lawmakers.

Maintaining that the review of Armed Forces Special Powers Act was a difficult issue "because the context is different", Law Minister Ashwani Kumar told a news channel, "How do you divide the action taken in the line of duty where the circumstances are such that nobody knows what is going to happen?"

The Justice Verma Committee had recommended that armed forces and police personnel should not be given protection under the AFSPA if these men in uniform commit sexual offences against women.

On debarring politicians for committing crime against women, Kumar said, "Now, personally speaking--I am not speaking as the Law Minister of this country--but as a citizen and a lawyer, I believe that there should be at least one conviction by one court. When you are found to be guilty upon evidence before a penal consequence of being debarred is visited upon you."

He disagreed with suggestions on disqualifying politicians from contesting polls once court takes cognisance of cases against them.

The Verma Committee, set up to review laws dealing with crimes against women in the aftermath of the public outrage over the Delhi gang-rape incident, had recommended disqualification of politicians from contesting elections and there was no need to wait for the trial of a case to be over.

It favoured debarring politicians from contesting polls the moment a court takes cognisance of the offence committed by them.

"The terminology in law is one has to be found to be guilty upon evidence. My personal view is at least one court should have found you to be guilty before such a grave consequence is visited upon you," Kumar said.

Kumar said he was confident that the Justice Verma Committee report would be placed before Parliament during the Budget Session beginning next month.

PTI

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First Published: Thursday, January 24, 2013, 19:49

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Desmond Coutinho - London
The law minister cannot have been quoted accurately. First he says that AFSPA needs a clause to protect soldiers from investigation for rape and other sexual offences against women because apparently such rapes might be in the line of duty and who knows what will happen when soldiers go out on a jolly. Then he says it would be unjust for politicians like him to have any grave consequence visited upon them without at least one court having found them guilty after due process. He can`t have said both statements and still be a law minister oh sorry of India forget the above

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karmik - Canada
The British tendency to poke their nose evrywhere is amazing. For your understanding, here`s a simple explanation. Rape cases are not done away with..the armed forces personnel are accountable for the same. However to prevent a soldier from escaping war by committing a rape (or falsely implicated) would seriously jepordise any accountability of the soldier towards the country`s security..his primary duty. So the soldiers are to continue on their border patrols and rape is not a release from for example - the glaciars in sia chin. Desmond, can you please elaborate on the political unrest and the human rights violations in Ireland for the past 10 years while you share your views here. Enlighten us about the English ways................Karmik