Sex Offender Registry: Reading Between the Lines

Video Editor: Vishal Kumar

Ever since it was announced in September this year, the National Registry for Sex Offenders has sparked public debate. The move has been welcomed by government departments like the Ministry of Women and Child Development, as it is being launched as a ‘reform’ to check crimes against women.

The Registry empowers the National Crime Records Bureau (NCRB) to operate the database that currently has approximately 4.5 lakh convicts and repeat offenders on its rolls. The database will contain the names, addresses, details of conviction, DNA samples and other identifying information. While it will only be accessible to law enforcement agencies to begin with, there are talks of its data being made public.

Shruthi Ramakrishnan, an independent legal researcher in the field of human rights, points out that there is no legislative basis for the Registry, which means that there is no direction to the cops collecting data of convicts. There is no proof that sexual harassers are more likely to re-commit their crimes, but there is information from the implementation of sex registries elsewhere. While the registry may be closed at present, the potential ramifications from it being open are troubling, as can be seen from the US’ example.

In a country that has seen a spate of incidents of people being beaten by mobs spurred by WhatsApp messages alleging child-lifting, publicly available proof of criminal activity is almost sure to become a problem. Those whose names figure on the list would thus live a ‘marked’ life on society’s blacklist.

“ Looking at the fallout of public registries in the US, it is not hard to imagine that India will also face similar consequences if the registries were made open to the public. This is especially considering the fact that a sexual offence has really invoked mob mentality, public hysteria and panic amongst us.” says Ramakrishnan.

Another issue is that of appeals: while there is no clarity as of now about the plight of those who challenge their convictions in a higher court, they may have to figure on the list till the time they are successfully acquitted.

Data privacy concerns have also been raised with India’s controversial DNA profiling Bill still to be passed. The Bill allows for “special databanks” to contain “DNA profiles” but there are doubts over the ability of law enforcement agencies to safeguard that information.

While the Registry does sound like a new solution and different approach to the ever-growing problem of women and child safety, there is much more than meets the eye. Inadequate infrastructure, lack of clarity on privacy concerns and the lack of data supporting the existence of such registries, are some of the issues the government will have to look into solving.