The below are some excerpts from an article that appeared in FeminismIndia.com


Assumptions Vs Reality Check – Is It What They Think It Is?

Recidivism

For one, the basic premise of a sex offenders’ database is that convicted offenders are more likely to commit the same crime again. But NCRB data shows that the percentage of recidivism by convicted offenders was only 6.4% in 2016. The rate of recidivism specifically for sexual offences is unknown because the NCRB does not have appropriate data as per response to the RTI filed by Amnesty International India. Amidst such lack of data and research around crimes of sexual violence, the government has put this registry that is bound to be an ineffective list.

Vague Definitions

Secondly, the registry categorises offenders posing low, moderate, or high danger. This seems to be a fuzzy categorisation that could facilitate misuse. ‘Low danger’ offenders include people charged with ‘Technical Rape’, which may also include consensual sex which is blind to the idea of consent. Offenders posing ‘moderate danger’ would stay on the registry for 25 years and this includes people charged under sections 67 and 67A of the Information Technology Act, which criminalises ‘obscene’ material.

Effect On People Who Would Want to Report Against Sexual Violence

Thirdly, one of the major assumptions is that victims/survivors of sexual violence want to report such violence and anonymous reporting through the cyber crime portal will make that possible. According to 2016 government data, out of 38,947 cases of reported rapes in India, the accused was known to the victim in almost 95 percent of the cases. In nearly 4,000 cases, the accused was a close family member. Such a registry offers little protection from such offenders. In fact, the fear of the offender being included in the registry may exacerbate the problem of underreporting.

 

Studies in the US have shown that a combination of social ostracisation, lack of psychiatric support and the inability to find a job or housing, can even increase chances of recidivism – thus, defeating the very purpose of the registry. Sex offender registration could be slow death by humiliation.

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