SHILLONG: The gang rapes of two minor girls, a 17-year-old and a 13-year-old, at Mawryngkneng in East Khasi Hills and Jakrem in South West Khasi Hills, respectively, on January 1 and rape of another minor by a police constable at Dimapara check post on December 23 has shocked the State.
Another case of trafficking of a minor involving Mawhati legislator Julius Dorphang, who was arrested on Friday night in Guwahati, also tarnished the image of the State.
Despite a surge in the cases of crime against women and children, awareness on laws regarding such heinous crime is low among people.
The Shillong Times spoke to Senior Meghalaya High Court Advocate V.G.K Kynta on the impact of the law vis-à-vis crime against women and children.
Kynta said the provisions of the Indian Penal Code relating to offences on women and children were made very stringent, especially the Protection of Children from Sexual Offences (POCSO) Act.
“This (POCSO) law, which involves female victims less than 18 years of age, is very stringent and when we look closely at the provisions of the law, perhaps it appears that the onus lies on the accused to say that he is not involved in the offence under the 2012 Act,” he added.
The senior advocate informed that though the law in the country says an accused is presumed innocent unless proven guilty, in cases involving women and children the law appears to be in the contrary even as he reiterated that the prosecution will have to prove the case beyond reasonable doubt.
He, however, expressed concern that awareness on the law is not highlighted. “Awareness has to be given. It is for the state and civil societies to educate that no one can commit offences – be it rape, murder or any offence. The law has got its own course and it cannot compromise. We have to educate the public that they have to abide by the law,” the advocate said.
“Getting bail in cases of this nature (heinous crime) is difficult because the court will be careful in exercising its discretion to allow bail as it will have to give the prosecution ample opportunity to investigate,” he added.
Referring to the saying ‘everyone is equal before the eyes of the law’, he said, “Whether a person of high or low stature, no preferential treatment is to be given.”
An analysis of the Act shows that even failure to report is a punishable offence. Section 21 of the Act states, “Punishment for failure to report or record a case: (1) Any person, who fails to report the commission of an offence under sub-section (1) of Section 19 or Section 20 or who fails to record such offence under sub-section (2) of Section 19 shall be punished with imprisonment of either description, which may extend to six months or with fine or with both.
(2) Any person, being in-charge of any company or an institution (by whatever name called) who fails to report the commission of an offence under sub-section (1) of Section 19 in respect of a subordinate under his control, shall be punished with imprisonment for a term which may extend to one year and with fine.
(3) The provisions of sub-section (1) shall not apply to a child under this Act.”
It may be noted that Section 43 of the Act envisages the need for public awareness. It states, “Public awareness about the Act: The Central Government and every State Government, shall take all measures to ensure that (a) the provisions of this Act are given wide publicity through media, including the television, radio and the print media at regular intervals to make the general public, children as well as their parents and guardians aware of the provisions of this Act; (b) the officers of the central and the state governments and other concerned persons (including the police officers) are imparted periodic training on the matters relating to the implementation of the provisions of the Act.”
