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.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
July 14,2020

Mumbai, Jul 14: Bhima Koregaon case accused Varavara Rao was admitted to JJ Hospital in Mumbai on Monday night.

Rao who is in Taloja proson was rushed to the hospital following complaint of dizziness.

Rao was arrested in November 2018 along with five others, for alleged links with Naxals and for inciting the violence.

On January 1, 2018, the violence at Bhima Koregaon village in Pune district left one dead and several others injured including 10 policemen.

Violence erupted after some people, reportedly with saffron flags, pelted stones at cars heading towards the village for the commemoration of 200 years of Bhima-Koregaon war on New Year's Day.

The police had filed 58 cases against 162 people.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 11,2020

New Delhi, Jun 11: The death toll due to COVID-19 rose to 8,102 and the number of cases climbed to 2,86,579 in the country after it registered the highest single-day spike of 357 fatalities and 9,996 cases till Thursday 8 AM, according to the Union Health Ministry data.

The number of recoveries remained more than the active novel coronavirus cases for the second consecutive day.

The number of active cases stands at 1,37,448 while 1,41,028 people have recovered and one patient has migrated to another country, as per the data.   

"Thus, around 49.21 per cent patients have recovered so far," an official said.

The total number of confirmed cases include foreigners.

Of the 357 new deaths reported till Thursday morning, 149 were in Maharashtra, 79 in Delhi, 34 in Gujarat, 20 in Uttar Pradesh, 19 in Tamil Nadu, 17 in West Bengal, eight in Telangana, seven each in Madhya Pradesh and Haryana, four in Rajasthan, three each in Jammu and Kashmir and Karnataka, two each in Kerala and Uttarakhand, one each in Andhra Pradesh, Bihar and Himachal Pradesh.

Out of the total 8,102 fatalities, Maharashtra tops the tally with 3,438 deaths followed by Gujarat with 1,347 deaths, Delhi with 984, Madhya Pradesh with 427, West Bengal with 432, Tamil Nadu with 326, Uttar Pradesh with 321, Rajasthan with 259 and Telangana with 156 deaths.

The death toll reached 78 in Andhra Pradesh, 69 in Karnataka and 55 in Punjab. Jammu and Kashmir has reported 51 fatalities due to the coronavirus disease, while 52 deaths have been reported from Haryana, 33 from Bihar, 18 from Kerala, 15 from Uttarakhand, nine from Odisha and eight from Jharkhand.

Chhattisgarh and Himachal Pradesh have registered six COVID-19 fatalities each, Chandigarh has five while Assam has recorded four deaths so far. Meghalaya, Tripura and Ladakh have reported one COVID-19 fatality each, according to the ministry's data.

More than 70 per cent of the deaths are due to comorbidities, the ministry's website stated.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
March 10,2020

Bhopal, Mar 10: The number of MLAs who have resigned from the Congress in Madhya Pradesh climbed to 20 on Tuesday afternoon with another legislator quitting the ruling party, sources said.

While 19 MLAs, most of them believed to be loyal to expelled party leader Jyotiraditya Scindia, have sent their resignation letters via e-mail to Raj Bhavan, Bisahulal Singh submitted his resignation letter as an MLA to the Assembly speaker.

"We have received resignations of 19 MLAs through e-mails with attachments," a Raj Bhawan official told PTI.

Sources in Congress produced a copy of Bisahulal Singh's resignation letter which he submitted to the speaker.

Former chief minister and senior BJP leader later announced that Singh (65) has joined the BJP.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.