Gurgaon student murder: Will national registry on sexual offenders help?

National sex offenders registry is in practice in various countries and helps agencies keep track of offenders

The clamour for a national registry of sexual offenders has resurfaced after the brutal sexual killing of a student in a Gurgaon school. The Union government had assured to maintain a registry in 2016 but nothing ever came out of the same. Given the number of sexual assault cases, will such a registry help? Activists, law enforcement officers are divided over the same.

An online petition by a Gurgaon resident, Jaya Roy on Change.org demands the creation of a National Sex Offender List. " We have no system of recording the serial offenders which can be made available for the public to view and check. This makes them even more fearless. The schools and other commercial institutes have no way of knowing that they are hiring a serial sex offender. The present system of submitting the employee details in the nearest police station has been a failure as there are no checks in terms of a national database," reads the petition addressed to Union Home Minister Rajnath Singh.

petition link: https://www.change.org/p/shri-rajnath-singh-home-minister-government-of-india-create-national-sex-offender-list?recruiter=51158853&utm_source=share_petition&utm_campaign=share_facebook_responsive&utm_medium=whatsapp&utm_content=nafta_whatsapp_sharetext_en_2:real_control

Activists believe that such a registry will help keep offenders away from vulnerable individuals. "Registry will help greatly since there will be a repository of information categorized as central, state and regional-wise. We have to take a cue from other countries. If there is a repository, institutions appointing such persons will be held accountable. It is unfortunate that such a registry has not been mandated. The institutions must be held responsible for the appointments they make and with a registry such as this, they will know who they are hiring," said Brinda Adige, a rights activist based in Bengaluru.

Practical difficulties in maintaining such registry

In other countries where the registry is in practice, it has helped investigators keep track of a repeat offender, flag off alerts, demarcate boundaries where his or her movement can be restricted etc. In India, however, the challenges are different, officials say. "Accused in many cases, including those under POCSO, are first time offenders. The registry only works when someone is a repeat offender. It has to be a case-wise consideration. In the case of repeat offenders, we would even suggest tagging and not just maintain a registry," said Alok Kumar, senior IPS officer who is currently posted in Karnataka.

Practical difficulties also include the possibility of a person's acquittal by court due to lack of evidence. Should a person continue to be on the list of offenders despite not being convicted? Police officers also state instances of where a victim, especially in the case of minors between the age of 3 and 5 years of age, is unable to identify the culprit but 'someone who looks like the predator'. "Should such sensitive information be made public? It should again be a case by case consideration. What if the victim is unable to identify the predator or the accused is a family member? Moreover, in the case of regionality, the place where a sexual predator resides must be made public to ensure safety of those around but think about the challenges that come with it," said another IPS officer.

Proposal in cold storage

The demands for a offenders' registry is not new and the union government, in 2016, had told the Lok Sabha that a proposal to set up Sex Offenders Registry in India was being prepared. A statement from the Ministry of Home Affairs dated May 10, 2016, says that Draft guidelines on the proposal to set up Sex Offenders Registry in India were under preparation in consultation with relevant Ministries and organizations. The same was to be put out for wider consultation with the State Governments and the public.

More than a year later, the proposal is yet to come through. The initial consultation draft was to include the registration of individuals convicted for offenses like rape, voyeurism, stalking and aggravated sexual assault and possibility of registration of offenders below and above 18 years. More than a year later, nothing has come about.

OneIndia News