What is the issue ?
- The Union Ministry has planned to outsource the preparation of the national sex offender's registry to a private contractor.
- The private operator will only design the platform, the input and management of data will be available with law enforcement agencies
About the sex offender's registry :
Private contractors are expected to design and maintain the database that will be integrated with the Aadhaar database.
Offenders would be classified on the basis of their criminal history to ascertain if “they pose a serious danger to the community.”
The data will be stored for 15 years in the case of those who pose a low danger, 25 years for those posing “moderate danger” and lifetime for “habitual offenders, violent criminals, convicts in gang rape and custodial rapes.”
The information on “arrested and chargesheeted” offenders will be available only to law enforcement agencies, whereas the data for “convicted” offenders will be accessible to the public and can be searched on various parameters such as State, district, police station and even modus operandi.
The database will contain records (including photographs and fingerprints) related to offenders across India and will also include records on juvenile offenders and paedophiles based on reports by district nodal officers.
It will also contain the current status of the offender as updated by the police station and the district nodal officer
Database will also integrate details of non-sexual offences committed by the sexual offender so that investigating agencies can do a better profiling of the accused.
Three tier classification :
- Those who have been convicted under Sections 376 (technical rape and elopement etc), Section 354 (outraging the modesty of women through assault or criminal force) and Section 377 (unnatural sex) and who are not likely to engage in criminal sexual conduct.
- Will have those who might continue to engage in criminal sexual conduct and would contain cases of rape by known people, family and incest among others.
- Will have those who continue to engage in criminal sexual conduct. This category includes habitual offenders, violent criminals and cases related to gang-rape, custodial rape, rape and murder, and brutalisation with rape.
These categories will be further subdivided into juvenile offenders list and adult offenders list and there will be a provision to subdivide the list into various other sub-categories such as paedophile.