KOCHI: At a time when even scandalous sexual abuse cases are caught in the labyrinth of courts for decades, the move to start a registry of sexual offenders is no mean task.
Legal experts feel, without a statutory recognition, the proposed directory will not be legally sustainable. Interestingly, the Home Department has not discussed the proposed directory with the Law Department.
A legislation in this regard is imperative; for which, approval of the Assembly is necessary. It is a given that trial in sexual abuse cases can be a ponderous and protracted affair.
Though the real intent of the state is to bring sex offenders before the public soon after the incident, the delay in completing trials is likely to defeat the purpose.
Supreme Court lawyer Kaleeswaram Raj told ‘Express’ every accused person has the right to legal recourse. “Open and premature publication of the name will meddle with the reformative goal of punishment, for it will create a permanent societal stigma on the person,” he said.
“Nobody can pin the guilt on someone until the matter is finally decided by the court. Otherwise, it will be an infringement on the privacy of an innocent person,” the SC lawyer said. Therefore, a social punishment by publishing a registry without waiting for legal adjudication would be erroneous and unconstitutional. Such a course would directly infringe the fundamental rights of the accused which in all respect is a matter of concern, said Kaleeswaram Raj.
Former Director General of Prosecution T Asaf Ali said all are presumed to be innocent until proven guilty. “The government’s move will not serve the desired purpose.” Before making a directory, the prosecution should take earnest efforts to punish the culprits by collecting scientific evidence, Asaf said. “Exposing an accused, who is not yet convicted, in public is improper. The state government is resorting to barbaric methods that are illegal. Effective and speedy prosecution is the need of the hour," he said.