RETHINKING THE INDIAN SEX OFFENDER REGISTRY

Abstract

While crime control has for long been the agenda of the central government, it is critical to assess whether the establishment of a National Sex Offender Registry is the best way to deal with both crime control and sexual offenders. Clearly inspired by its American and English counterparts, the Indian Sex Offender Registry will also include biographical and personal information about individuals who have committed sexual offences. The proposed policy, as introduced in the media, and the problems arising out of the same, can be analyzed in light of criminological theories and available empirical research on sexual offending. From this perspective, two broad implications emerge, first, the proposal to include juveniles who have committed sex offences is potentially counter-intuitive and second, the central government’s initiative to include individuals who have been charged, but not convicted of any crime in this public database, undermines the due process rights and the Fundamental Right to be tried fairly. This paper examines how the central government can learn from the American experience with Sex Offender Registries and reconsider the inclusion of such individuals