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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News Network
January 18,2020

Jan 18: To mark the 30th anniversary of the mass exodus of Kashmiri Pandits from the Valley, members of the community took to social media to post videos of themselves by narrating the "Hum Aayenge Apne Watan" dialogue from an upcoming flick, 'Shikara', with the hope that they would return to their homeland one day.

On January 19, 1990, lakhs of Kashmiri Pandits were forced to leave their homes in the Valley following a genocidal campaign launched by the terrorists.

Theatre actor Chandan Sadhu participated in the campaign and said that Kashmiri Pandits have shown "unimaginable resilience" and hope to return to the Valley soon.

"As Kashmiri Pandits complete 30 years in exile this weekend, let our cry for justice be finally noticed. We have shown unimaginable resilience, and today we resolve to return home. Kashmiri Pandit friends: please record this video statement and put it up with #HumWapasAayenge," Sadhu tweeted.

The #HumWapasAayenge is trending on Twitter as more and more Kashmiri Pandits joined in the campaign to narrate the "Hum Aayenge Apne Watan" dialogue and a pledge to return to their homes.

Noted political commentator Sunanda Vashisht tweeted a throwback image of herself and said that resolve to go back home has strengthened more.

"I don't have many pictures left of my childhood. Choosing between life and family albums is really no choice at all. When lives were rescued, family albums got left behind. 30 years have passed. Resolve to go back home has only strengthened. #HumWapasAayenge," she tweeted.

Radio personality Khushboo Mattoo tweeted a video repeating the dialogue from Shikara and tweeted, "Said this in a BBC interview three years back. And I am saying it again #HumWapasAayenge #Shikara."

Journalist Rahul Pandita also took to his Twitter and captioned his post saying, "30 years of exile from Kashmir. Let us now pledge that we will return home."

'Shikara' chronicles the exodus of Kashmiri Pandits from the Valley on the night of January 19, 1990. Helmed by Vidhu Vinod Chopra, the movie is slated to release on February 7.

Netizens have supported the initiative and have expressed solidarity with the Kashmiri Pandits.

In July last year, Home Minister Amit Shah said in the Rajya Sabha that the central government is committed to bringing Kashmiri Pandits and Sufis back to the Valley saying a time will come when they will offer prayers at the famous Kheer Bhawani temple.

"Kashmiri Pandits were forced to leave Kashmir. Many of their shrines were demolished. Sufism was targeted in Jammu and Kashmir. Sufism used to talk about unity and harmony but they were attacked. No voice was raised in favour of Kashmiri Pandits and Sufis when they were brutally attacked. Sufis used to talk about the unity among Hindus and Muslims but they were forced to leave the Valley. Narendra Modi-led government is committed to bringing back Kashmiri Pandits, he had said.

The Mata Kheer Bhawani temple is one of the holiest shrines of Kashmiri Pandits, located about 14 kilometres east of Srinagar.

Last September, a delegation of the Kashmiri Pandit community met the Prime Minister in Houston and thanked him for the historic decision to abrogate Article 370 that gave special status to Jammu and Kashmir.

Modi acknowledged the hardships endured by the community following their exodus from their ancestral homeland back in 1989-1990 due to militancy.

"You have suffered a lot, but the world is changing. We have to move ahead together and build a new Kashmir," the Prime Minister had told the delegation.

"I had a special interaction with Kashmiri Pandits in Houston," Modi had tweeted following the interaction.

In October, Union Minister Prakash Javadekar announced that the Centre has decided to provide compensation of Rs 5.5 lakh each to 5,300 displaced families from Pakistan-occupied Kashmir (PoK), who initially opted to move outside Jammu and Kashmir but later on returned.

These families were earlier left out in the rehabilitation package that was approved by the Cabinet on November 30, 2016.

The Prime Minister had announced a reconstruction plan for Jammu and Kashmir in November 2016. His plan included a rehabilitation package for a one-time settlement of 36,384 displaced persons' (DPs) families of PoK-1947 and Chhamb.

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News Network
March 4,2020

New Delhi, Mar 4: The government on Wednesday permitted NRIs to own up to 100 per cent stake in disinvestment-bound Air India.

The decision comes at a time when the government is looking to sell 100 per cent stake sale in the national carrier.

Union minister Prakash Javadekar said the Cabinet has approved allowing Non-Residents Indians (NRIs) to hold up to 100 per cent stake in Air India.

Allowing 100 per cent investment by Non-Resident Indians (NRIs) in the carrier would also not be in violation of SOEC norms. NRI investments would be treated as domestic investments.

Under the Substantial Ownership and Effective Control (SOEC) framework, which is followed in the airline industry globally, a carrier that flies overseas from a particular country should be substantially owned by that country's government or its nationals.

Currently, NRIs can acquire only 49 per cent in Air India. Foreign Direct Investment (FDI) in the airline is also 49 per cent through the government approval route.

As per the existing norms, 100 per cent FDI is permitted in scheduled domestic carriers, subject to certain conditions, including that it would not be applicable for overseas airlines.

In the case of scheduled airlines, 49 per cent FDI is permitted through automatic approval route and any such investment beyond that level requires government nod.

On January 27, the government came out witha Preliminary Information Memorandum (PIM) for Air India disinvestment. It has proposed selling 100 per cent stake in Air India along with budget airline Air India Express and the national carrier's 50 per cent stake in AISATS, an equal joint venture with Singapore Airlines.

Under the latest disinvestment plan, the successful bidder would have to take over only debt worth Rs 23,286.5 crore while the liabilities would be decided depending on current assets at the time of closing of the transaction.

This is the second attempt by the government in as many years to divest Air India, which has been in the red for long.

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Agencies
May 10,2020

New Delhi, May 10: A medium-intensity earthquake of 3.4 magnitude hit Delhi on Sunday.

According to the National Center for Seismology (NCS), the quake occurred at 1.45pm at a depth of five kilometres.

There were no immediate reports of loss of life or property.

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