Ms. Malini Bhattacharya at the National Workshop on 'Review of Laws Relating to Rape and Sexual Assault' in New Delhi

Member, National Commission For Women (NCW)
Report on the NCW Workshop by Ashutosh Bhardwaj

NCW organizes workshop for review of laws relating to sexual offences. Do you agree that such offences are more of a social phenomenon? e.g. A male wrongfully enforces himself upon a woman not out of mere want of legal provisions but due to sheer false male ego.

Such offences do emerge out of predominant social psyche, but law is itself a voice of the society. Since, society acknowledges rape to be a crime, penal provisions are made. Law alone can not curb offences, but if laws are ineffective chances of crime increase. Objective of this workshop is to review these legal provisions & remove lacunae, if any.

Is rape a class phenomenon? Studies show that incidences of rapes go down as one moves up income & education ladder. For instance, lesser accused are found graduates as compared to primary pass accused of rape

I do not fully subscribe to these findings as statistics alone do not always tell picture clearly. In upper class, there is usual non reporting of rape cases & cover up work is resorted to. In lower class, things are usually open & far greater reporting of cases is witnessed.

Do you witness increase in incidence of sexual offences against women after globalization?

I am not in a position to comment at it. However, at first instance it is clear that circumstances favoring such offences have increased. More opportunity seems to be available at present & psyche provoking crimes is been encouraged

How do you react to Planning Commission proposal to legalization of prostitution?

Well, prostitution certainly has become quite profitable profession. Entire range of activities is involved in it. We oppose legalization, if it validates all such activities of pimps leading to exploitation of victim. However, decriminalization of prostitution is welcome to the extent it protects victims from harassments & punishes pimps. Unfortunately, there is little protection for real victims at present.

There have also been demands of compulsory medical checking of sex workers

Here again, if it ensures better health of victims it is welcome. However, most cases of infection come from customer. Unless his check up is made mandatory, situation cannot improve.

- Ashutosh Bhardwaj
Delhi