Kerala: Delayed justice for tourists help culprits go scot-free

ALAPPUZHA: The attacks against tourists here are on the increase, but the guilty get away as the tourists, especially foreigners, do not pursue the cases. According to experts, a new legislation is needed to give speedy justice to the victims. The guilty in several cases of attacks against foreigners have escaped the long arm of law. A local person was arrested in January this year for stalking a Bhutanese woman at the busy Mullakkal street. But the case reached nowhere. On September 7, 2014, two British nationals-William Meister and Jasper Canon- were assaulted by a gang after they questioned them for misbehaving with a Spanish woman while they were sipping beer at a restaurant.

Though two persons, Ramees Khan, 21, and Azharudheen, 21, were arrested, they escaped punishment. On January 3, 2014, three foreign women, Kristine MacMillan, Candian, Jennifer Crane, American and Sacha Moreland from New Zealand, had complained to the police about indecent behaviour by the crew members. But the accused got away. In the latest incident, a woman tourist from UK was molested on board a houseboat the other day. Though Anjalose, 38, a crew member, was arrested, the woman may not pursue the case.

The culprits often go scot-free due to the prolonged legal process. The only solution is to set up a special fast track court to deal with crimes against tourists. "The untenable criminal investigation system and the delay in court proceedings are the major hurdles in meting out justice to the victims," according to Mr James Vadackumchery, well-known criminologist. "We are following an accusatorial system in such case. But in the cases relating to foreigners we have to introduce inquisitorial system. It is the responsibility of the accused to prove his/her innocence against the victims' account. In the inquisitorial system, the testimony of the victim has to be recorded as true. District-based special teams have to be set up to deal with foreign tourists' cases which should be settled before the victims leave the state. They should also get compensation from the victim relief fund of the government," he said. 

Mr Switten George, member, All-Kerala Houseboat Owners Association, also said it takes a long time to book the culprits and complete the criminal proceedings. "The mindless actions by a few men can affect tourism," he said. Mr Laju Daniel, a local tour operator, said the recent incident had shamed Kerala tourism. A special police squad must be formed to investigate such cases, he said and added that sexual attacks and physical assaults on foreigners often go unreported due to the delay in our justice system.