Offensive or downright criminal? [ToI]

4 Jun, 2007 l 0000 hrs ISTlMONA RAMAVAT Times News Network /Epaper

If punishment serves as a deterrent to crime, should offenses like ragging, drunken driving and adultery be dealt with softly?

If the Union Home Ministry has its way, then drunken driving, ragging, drug addiction, adultery and many such offenses might be removed from the ambit of the Indian Penal Code (IPC). At present, these offenses warrant punishments ranging from a year's imprisonment to five years in jail, with fines. The ministry believes that these are "social offenses" , and suggests in its draft policy that such offenders should undergo corrective measures like community participation and heavy fines. Such punitive measures are in effect in Western countries, and are more "cost-efficient and "human rights-friendly" . But is India ready for such a model?

The opinion seems to be split - while some believe it's "futuristic" , others feel that the soft handling of such offenses will not dissuade people from repeating them. Advocate CVL Narsimha Rao says, "Personally, I am opposed to these offenses being removed from the IPC." If somebody can get away with adultery, by just having to 'serve the community' , "it will only increase the incidence of such cases," opines law student, Rakesh Agnihotri. The proposed redefinition of adultery as a "social offense" has been debated the most. According to Section 497 of the IPC, it can attract imprisonment of up to five years, and a fine. However, women are out of the ambit of this punishment . There was a proposal to include women in the section's purview, but the National Commission for Women (NCW) had opposed it. This had triggered a nation-wide debate, as many felt that it was 'discriminatory' . In a bid to do away with the 'discrimination' , the Home Ministry's present draft policy pitches for making adultery a 'social offense' for men and women, alike. But sociology research scholar Subroto Bandopadhyaya, cautions, "A woman might get a raw deal if her husband, indulging in adultery, gets away by just having to work a little extra, or pay a fine." On the other hand, people like real estate consultant Pramod Gandhi feel that taking the 'criminal ' tag off offenses like ragging and drunken driving will "surely help reduce the burden on courts."

The successful implementation of alternative punitive measures like community service, in the West, brings hope that that they will work in India too. "AP is the first state to have proposed community service for minor social offenses," informs additional inspector general of prisons, AP, Dr AR Ahmed. "Sending social offenders to prison is detrimental to the spirit of reform. Once branded as a criminal, a person loses his self-esteem . There are many alternative corrective measures like heavy fines, curtailment of civil rights, restitution and banishment. This entails the offender to work extra hours without charging any remuneration ,"
concludes Ahmed.

hyderabadtimes@indiatimes .com

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