Ordinance moots death penalty if rape victim dies or slips into coma

February 2, 2013

Delhi-Protest

New Delhi, Feb 2: Shaken by the Nirbhaya case, the government on Friday approved a law prescribing death penalty for cases of rape which lead to the victim's death or her slipping into persistent vegetative state, going beyond the recommendations of the Justice JS Verma committee.

An ordinance cleared by the Union Cabinet seeks to treat rapes resulting in death of the victim or causing her to be in a persistent vegetative state as a crime belonging to the "rarest-of-rare" category for which courts can award death punishment if they so decide. For such cases, the ordinance proposes a minimum sentence of 20 years which can be extended to imprisonment until the natural life of the convict, or death.

[Click here to know what the govt accepted, partially accepted or didn't accept of Justice Verma panel report (PDF file)]

The ordinance was rushed through to beat the notification of Parliament's budget session which is due to begin on February 21. The notification would have prevented the issuance of an ordinance.

The ordinance, designed to change the Criminal Law (Amendment) Bill, 2012, and set to be promulgated shortly, has accepted Justice Verma committee's recommendation to treat voyeurism, stalking, disrobing of women and acid attacks as specific offences under the Indian Penal Code. The change will raise "eve-teasing" from being considered a minor offence to a serious crime attracting enhanced punishment.

The panel's recommendation for punishing those who knowingly employ a trafficked person has been accepted, with the government proposing a maximum sentence of five years for the guilty.

It has also accepted the recommendation of the committee, set up in response to the public upsurge over Nirbhaya rape case, to raise the maximum punishment for rape from the existing 10 years to life. For repeat offenders, the life imprisonment will cover his entire life and not just 14 years as is usually the case now.

Government has also embraced the recommendation that rape committed by a "person in authority" — a term that covers public servants and officers of police and Army — be punished by a minimum 10 years of rigorous imprisonment that can be extended to life.

However, it did not agree with the committee led by the retired Chief Justice of India that rape should not be made a gender-neutral crime. Accordingly, the expression "rape" in law is proposed to be replaced by "sexual assault".

10 years in jail for rape by 'person in authority'

Government has also turned down the committee's recommendations for criminalizing marital rape even in cases where the wife is above 16 years of age, and for punishing command officers who may fail to prevent rapes by subordinates.

The issue of whether the age of a juvenile should be reduced will be treated separately when the Juvenile Justice Act is reviewed.

Law minister Ashwini Kumar described the provisions of the ordinance as "path breaking". He said, "The changes proposed will bring in an effective and purposive law to protect the dignity of women."

He also said the ordinance, drafted with a sense of unprecedented urgency, reflected the UPA government's responsiveness to people's heightened sensitivities, as revealed in the aftermath of the Nirbhaya case, towards crime against women. "We have redeemed the pledge that we made," he said.

But women's rights activists were not pleased, and complained of a letdown. They are upset over the government's refusal to recognize marital rape as an offence, failure to hold command officers accountable for rapes by their subordinates and omission of rapes by armed forces as a category.

Sources in the government defended the provisions as bold, and pointed to a number of Justice Verma committee recommendations being accepted completely.

The law minister said the ordinance seeks to change provisions of Criminal Law (Amendment) Bill which is being examined by a parliamentary standing committee in the light of the recommendations of the Justice Verma committee.

The Justice Verma committee's recommendations have been widely welcomed as a new bill of rights for women.

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Agencies
August 8,2020

The Civil Aviation Ministry announced an initial assistance of Rs 10 lakh to the dependents of the deceased in the Kozhikode AIE plane crash, while the Kerala government also announced a compensation of Rs 10 lakh each.

Minister of Civil Aviation, Hardeep Singh Puri, who visited the mishap spot on Saturday, said that a detailed probe is already on and the pilot and co-pilot were highly experienced.

He also announced a compensation of Rs 2 lakh each to the injured and Rs. 50,000 each to those who suffered minor injuries. The other normal compensations would be decided in due course.

Puri said that Captain Deepak Vasant Sathe, aged 59, who commandeered the AIE flight, had a flying experience of 10,848 hours, while co-pilot Akhilesh Kumar, aged 32, had a flying experience of 1,723 hours.

"Deepak was one of the most distinguished and experienced pilots. He had a commanding experience of 6,662 hours and was commander of B-737 aircraft for 4,244 hours. He had also operated to Kozhikode international airport 27 times. He joined AIE in 2013 and prior to that he served with the IAF and HAL. He was a figher pilot and a recipient of prestigious sword of honour and a gold medalist," said Puri.

Puri said that even as the flight slipped down to around 35 feet, a major disaster was averted due to timely rescue operations. Local people played an exemplary role and the fire brigade's timely action of cutting the plane body and rescuing the passengers minimised the casualties, he said.

Chief Minister Pinarayi Vijayan also said that the local people and all rescue and relief agencies did a well co-ordinated job. The state government would also meet the entire treatment expenses of the injured.

Till Saturday afternoon, the total number of deaths was 18. While 149 were still in hospitals, 23 were discharged.

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Agencies
July 24,2020

Lucknow, Jul 24: The Congress in Uttar Pradesh on Friday protested against what it dubbed as deliberate and systematic deletions of chapters dealing in freedom struggle and the party's role in it from the syllabi of Classes 10 and 12 of the Secondary Education Board.

Congress leader Anugrah Narain Singh said: "The deletions effected in Class 12 syllabus clearly has political overtones. Chapters dealing with the freedom movement and the Congress role in it have been cut out. The BJP has no role of its own in the country's history and, therefore, wants that the new generations should not learn about the Congress contribution as well."

A Congress delegation submitted a memorandum to UP Eduction Board Secretary Divya Kant Shukla to demand restoration of the deleted chapters and topics.

BJP MP Rita Bahuguna Joshi accused the opposition Congress of "turning every occasion into a political opportunity during the pandemic".

"The Congress is unnecessarily making an issue out of this. Only some portions have been deleted from the syllabi due to shortening of the academic session due to the nationwide lockdown. People already know about the Congress and the cut in the syllabi is only temporary. The Congress is unnecessarily trying to create a political controversy," she said.

Prof Yogeshwar Tiwari of the History Department in the Allahabad University dubbed the changes made in the syllabi as "unfortunate". "The history is not of the Congress alone -- it is the history of the nation and every student must know about it," he said.

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Agencies
March 8,2020

Thiruvananthapuram, Mar 8: Five more people from

Kerala have tested positive for coronavirus, Health minister, K K Shailaja said on Sunday.

All the five hail from Pathnamthitta district.

While three of them had returned from Italy on February 29, two others were their relatives, the minister said.

All the five have been isolated in Pathnamathitta general hospital and are under observation.

Their tests were confirmed on Saturday night.

Earlier, India's first three positive cases had been reported from the state.

All the three patients, medical students from Wuhan, have been treated and discharged from hospitals.

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