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
March 29,2020

New Delhi, Mar 29: Prime Minister Narendra Modi on Sunday said that people should not think of COVID-19 quarantine facilities as a prison and spoke with two survivors of the infection during his radio show 'Mann Ki Baat' to establish that it was curable.
The Prime Minister spoke to coronavirus survivors -- Ramagampa Teja and Ashok Kapoor - and urged them to share their success against the infection with people.
The Prime Minister asked people to listen to the survivors who had successfully defeated the coronavirus.
"I have spoken to a few people who were infected from the virus and speaking to such people. While I tried to boost their morale they also lifted my spirits when I talked to them," he said.
Speaking to the Prime Minister during the show, Ramagampa Teja, an IT professional, who tested positive for COVID-19 after returning from Dubai, said that he was frightened when he tested positive for the disease and could not believe that this has happened to him.
He said even his family was very stressed after finding out his COVID-19 positive status. "But their test results came negative, which I took as a great blessing. And since then, there were improvements every day," he said.
Teja was admitted to a government hospital in Hyderabad and was released after 14 days as he successfully overcame the infection. "The first few days were the hardest but the dedicated doctors and nurses at the hospital ensured that I recovered," he added.
He asked people not to be afraid of being quarantined. "People feel that going into quarantine means going to prison. They should know that the government quarantine is for them and their families. I want to emphasise that people must get tested and do not fear quarantine," he added.
The Prime Minister congratulated him and his family and asked him to share an audio clip of his experience. "I would like you to make an audio of your experiences and share it on social media so that it goes viral and removes fear from people's minds," the Prime Minister said.
The Prime Minister also spoke to another coronavirus survivor, Ashok Kapoor, six members of whose family in Agra were tested positive for the deadly virus.
On being asked by the Prime Minister whether they had feared for their lives, Kapoor said, "We were not scared as we received excellent cooperation from the doctors and support staff at Delhi's Safdarjung Hospital."
The six of them were shifted to Delhi and put under quarantine for 14 days where all of them successfully recovered from the infection.
The Prime Minister also commended the spirit of Ashok Kapoor and said: "Your experience came in handy for all. My best wishes to you and your family."
He also urged the Kapoor family to spread awareness regarding COVID-19 in the way they see fit. "Please spread awareness your way and you can feed whoever is hungry, look out for the poor and also spread awareness to people urging them to follow the rules," the Prime Minister said.
"If everyone follows the rules, the country will be saved," the Prime Minister said.
The Prime Minister also thanked the people involved in ensuring the continuous supply of goods and services in the country and advised them to "follow all the safety precautions, take care of themselves and their family members."
Earlier in his address, Modi had asked for the forgiveness of all countrymen, and especially the poor, for the nationwide lockdown in the country in the view of the novel coronavirus. He had then termed it a necessary measure needed to defeat the infection in India.

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News Network
March 16,2020

Mar 16: A fourth batch of 53 Indians returned to India from Iran on Monday, taking the total number of people evacuated from the coronavirus-hit country to 389.

This comes a day after over 230 Indians were brought back from Iran to New Delhi and quarantined at the Indian Army Wellness Centre in Jaisalmer, the third batch to be evacuated from that country.

"Fourth batch of 53 Indians - 52 students and a teacher - has arrived from Tehran and Shiraz, Iran. With this, a total of 389 Indians have returned to India from Iran. Thank the efforts of the team @India_in_Iran and Iranian authorities," Jaishankar tweeted.

The Indians came in a Mahan Air flight that landed at the Delhi airport at around 3 am, officials said, adding that they were later taken to Jaisalmer in an Air India flight for being quarantined.

The first batch of 58 Indian pilgrims were brought back from Iran last Tuesday and the second group of 44 Indian pilgrim arrived from there on Friday.

Iran is one of the worst-affected countries by the coronavirus outbreak and the government has been working to bring back Indians stranded there. Over 700 people have died from the disease in Iran and nearly 14,000 cases have been detected.

Jaishankar had told Rajya Sabha last week that the government was focusing on evacuating Indians stranded in Iran and Italy as these countries are facing an "extreme situation".

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News Network
June 19,2020

New Delhi, Jun 19: India on Friday added 13,586 new COVID-19 cases for the first time in a single day, pushing the tally to 3,80,532, while the death toll rose to 12,573 with 336 new fatalities, according to the Union Health Ministry data.

In some positive news, the number of recoveries crossed the two lakh-mark and stands at 2,04,710, while there are 1,63,248 total COVID-19 active cases, according to the updated official figure at 8 am.

One patient had migrated.

"Thus, around 53.79 percent patients have recovered so far," an official said.

The total number of confirmed cases include foreigners. 

India registered over 10,000 cases for the eighth day in a row.

Of the 336 new deaths reported till Friday morning, 100 were in Maharashtra, 65 in Delhi, 49 in Tamil Nadu, 31 in Gujarat, 30 in Uttar Pradesh, 12 each in Karnataka and West Bengal, 10 in Rajasthan, six in Jammu and Kashmir, five in Punjab, four each in Haryana and Madhya Pradesh, three in Telangana, two in Andhra Pradesh and one each in Assam, Jharkhand and Kerala.

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