• India recently joined eight other countries that maintain a registry of sex offenders.
• National sex offenders list :-

1. The registry, which will be maintained by the National Crime Records Bureau (NCRB), will include names, address, photographs and fingerprints details of convicted sexual offenders.
2. In India the registry is available only to law enforcement agencies. The Indian registry is expected to list 4.4 lakh cases but the state police have been asked to update data from 2005 onwards. 
3. The database will have details of offenders convicted under charges of rape, gang rape, POCSO and harassing women.
4. Highlights 

• States like Kerala and Haryana set up their own sex offenders’ registry, accessible to the public. 
• The sex offenders registry will store the data of those convicts classified as “low danger” to society for 15 years, and “moderate danger” to society for 25 years. 
• Habitual offenders, violent criminals, those convicted in gangrape and custodial rape cases will figure permanently in the registry.

This list will tackle the problem of women safety and sexual crimes :-

• Timely intervention:- Opening of the registry is timely because crimes such as rape, voyeurism, stalking and aggravated sexual assault are on the rise.
• The latest National Crime Records Bureau data shows there has been a 12% rise in rapes between 2015 and 2016, and that the majority of offenders are known to the victim. In a situation like this, the sex offenders’ list can definitely help the investigation and monitoring process as well
• It acts as a one-stop place to get their prior records.  Sex offenders’ registry can be used to conduct background checks and police verification of prospective employees, tenants and so on. 
• It can help monitor the movement of sexual offenders to an extent. 
• It will help in enabling justice and monitoring an offender’s future behaviour
• It will encourage more victims to come out and identify criminals.
• The existence of such a registry will act as a deterrent to offenders
• Sex offender registration laws and public access to these records create a sense of security to parents and residents.

Concerns:-

• The process of categorising offenders is very ambiguous. On what basis sexual offenders will be classified as presenting low danger or moderate danger, or the rationale for storing their information for such long period is unclear.
• There is no legal basis for creating such a database. Indeed, it seems to have been set up through executive action.
• Affects individual privacy:- While in a digital age it is reasonable to expect the use of technology in crime detection and investigation, despite a promise to not to compromise the privacy of any individual, there will be legitimate concerns about the misuse of data.
• Tarnishing image:-
  1. There is a possibility that this registry may tarnish a person’s life forever even if he is reformed after serving his legal sentence.
  2. Being listed in such a registry will likely cause social and economic harm to the convicts, who are often already poor and marginalised as they will have difficulty finding jobs or face harassment from police.
• Updation:- Since the criminals move on and commit crimes in a new areas, keeping the registry updated is a challenge.
• Organisations such as the Human Right Watch claim that it negates the concept of rehabilitation and perpetuates social stigma. 
  1. It is argued that public stigmatisation imposes excessive restrictions on housing choices, the freedom of movement and social life, which disincentivises offenders who wish to reform and thereby increase repeat offences.
  2. As a consequence of being on the register, former convicts often find it very difficult to gain meaningful employment and have very limited options in finding housing
  3. Their status as former sex offenders has the effect of stigmatising them for life, rendering reformation and a dignified life after prison impossible.
• International experiences:-
  1. They have failed in making any significant difference in sex crimes. Sometimes they create more harm than good.
  2. Even in the U.S., where stringent registration laws with public access have been around for over 30 years, several independent studies arrive at the same conclusion: that these registers are simply not reducing sex crimes.
  3. The European Court of Human Rightsand the European Court of Justice have both ruled that storing sensitive personal data for long periods or permanently for future prevention of crime is illegal.
• In the background of weak investigative and institutional machinery and overwhelming evidence showing that these sex offenders registries simply don’t work.
• Given the inexorable delays plaguing India’s criminal justice system and that nearly 68% of the country’s prison population comprises undertrials, storing sensitive information of arrested and chargesheeted offenders flies in the face of presumption of innocence and ignores the reality of the judicial system.

Way forward:-

• While the sex offenders list could help in enabling justice and monitoring an offender’s behaviour, the State must ensure that there is no overreach and misuse of the list.
• Centre must make the registry of convicted sexual offenders public. 
• Since 97% crime against women is caused by known people, the registry will allow women to decide whom to stay away from. 
• For any real change, proper implementation of laws and policies for the protection of women is needed.
• The solution lies in improving investigation and trial processes, avoiding undue delays, and providing support to the victims to come forward and testify in court, without further harassment.