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Report No. 135 7.3. De-criminalisation and allied objectives.- We may note that in the suggestion made by the National Experts Committee on women, it has been indicated1 that in the context of a critical examination of laws relevant to women in custody, attention may also have to be paid to the need for e-penalisation, de-criminalisation and de-institutionalisation. No doubt, the idea underlying this valuable suggestion is to draw attention to a consideration of the question how far the content of the criminal law needs change, in the shape of- (i) possible removal from the statute book of offences for which the criminal law is not an appropriate instrument, and (ii) adoption of measures in other respects to ensure that there may be prevention, at the very threshold, of the entry of a woman into an institution of a custodial nature. It is obvious, that any comprehensive examination undertaken with the first objective mentioned above will have to cover the entire criminal law of the country. This would be a very big undertaking. Although such an undertaking would be useful in several respects, its focus would not necessarily be on women criminals only. It would necessistate a re-evaluation of every criminal statute of the country in order to assess whether the penal sanction is really needed for the offences dealt with by each statute. 1. Chapter I, supra.    |
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