A sub-group set up by the Ministry of Women and Child Development to deliberate on legal framework for women has recommended that stalking should be recognized as a specific offence in the Indian Penal Code. The sub-group has highlighted in its report that stalking is an offence in which the victim is repeatedly and over a period of time harassed in a variety of ways by following,making advances,etc. The sub-group is part of the working group set up by the ministry on womens agency and empowerment. It comprises senior officers of various ministries and members associated with some leading NGOs working for womens welfare. The report,which has been prepared recently,will be part of the final report to be submitted to the Planning Commission for the 12th Five Year Plan. The sub-group has also recommended that children who are victims of sexual abuse should not be made to give statements repeatedly to the police,magistrate or the court about the nature of the crime,as it aggravates the trauma for them. As children are often not able to describe the exact nature of sexual abuse,the law should allow expert witnesses like child psychologists,doctors to depose on their behalf about the abuse suffered by them, says the report. The report has highlighted the need for immediate medical attention and counseling for such victims,particularly children. The report has recommended that Section 377 should be deleted from the Indian Penal Code (IPC). Earlier,the Law Commission of India,the National Commission for Women and the Delhi High Court have also held that Section 377 is unconstitutional in its present form,and should be restricted only to non-consensual sex. Section 377 criminalises same-sex behaviour among consenting adults. Regarding crimes and killings in the name of honour,the sub-group has stated that a law on such a crime will not be adequate. The sub-group has expressed concern over the number of such crimes in northern and western India. The report states,These crimes are also committed through caste or Khap or community-based panchayats who issue diktats or fatwas and act like kangaroo courts outside the judicial system. The report has called for a law to punish those who harass,intimidate or even kill couples. It has expressed concern that there are no laws which punish the illegal and often barbaric collective actions of Khap or community Panchayats. The report has stated that the possibility of giving suo moto powers to the collector or district magistrate to issue prohibitory orders to prevent such acts,for instance,meetings in which diktats are likely to be issued,should be considered. The report notes with concern that Hindu women have still not been made equal guardians of their children,as under the Hindu Minority and Guardianship Act,the father has been named as the natural guardian of a child. The report has recommended that The Guardian and Wards Act 1890,relating to guardianship and custody of children,needs to be completely overhauled to ensure that these issues are decided in tune with fair criteria.
