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
April 23,2020

Thiruvananthapuram, Apr 23: Amid opposition charges, the Kerala government on Tuesday constituted a two-member committee to examine whether the privacy of personal and sensitive data of COVID-19 patients has been protected under the agreement entered by it with US-based IT firm Sprinklr.

The committee, headed by former Special IT Sscretary M Madhavan Nambiar and former health secretary Rajeev Sadanandan, will also ascertain whether adequate procedures were followed while finalising the arrangements with the private company.

The Opposition Congress has been levelling charges that the collection of data by the US firm violated the fundamental rights of the patients.

In its order, state government said it had initiated steps to set up a Data Analytics platform to integrate data from various sources available in the government to meet the "exigency of a massive and unprecedented surge of epidemic".

The committee will also examine whether deviations, if any, are fair, justified and reasonable considering the extraordinary and critical situation faced by the state, it said.

Meanwhile, the Kerala High Court on Tuesday asked the state government to file its reply by April 24 on a plea seeking to quash its contract with the US-based firm.

Expressing concern over the confidentiality of the citizen's data processed by a third party, the court sought to know why the sanction of the law department was not taken before finalising the agreement.

The court hailed the state government's fight against COVID-19, but said it is concerned about data confidentiality.

The government informed the court that the agreement with Sprinklr has safeguards for data protection "as per standard practices of software as a service model."

The ward-level committees, set up by the government for the anti-coronavirus fight, collect information of those under home isolation, the elderly and those at the risk of the disease, using a questionnaire and later uploads it on the server of the private agency.

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News Network
May 6,2020

Noida, May 6: Not having Aarogya Setu app on smartphone while out in public in Noida or Greater Noida will be considered a violaton of lockdown rules and the person will be punished.

Action will also be taken against people going outdoors without a face mask or spitting in public places, Gautam Buddh Nagar police said, news agency reported.

Aarogya Setu is a mobile application developed by the central government to connect essential health services with the people to fight Covid-19.

The app is aimed at augmenting the initiatives of the Centre, particularly the Department of Health, in proactively reaching out to and informing the users of the app regarding risks, best practices and relevant advisories pertaining to the containment of Covid-19.

"If smartphone users do not have the 'Aarogya Setu' app installed on their mobile phones, then that will be punishable and considered a violation of the lockdown directions," Additional Deputy Commissioner of Police, Law and Order, Ashutosh Dwivedi said.

The district police had on Sunday announced extending the Criminal Procedure Code section 144, which bars assembly of four or more people, till May 17, as the central government extended the nationwide lockdown by another two weeks in a bid to check the spread of the virus.

"Spitting in public places will attract punishment along with a fine. Not wearing a face mask in public places or offices will also be a punishable offence.

During the lockdown period, political, social, religious, sports gatherings as well as protest marches and rallies will remain banned across Noida and Greater Noida, the official said in the order.

"The central government has extended the lockdown till May 17 in view of the coronavirus pandemic. Gautam Buddh Nagar has been identified as 'red zone' and hotspots have been identified here. During this duration, all guidelines of the lockdown are to be followed," he said.

Gautam Buddh Nagar, which falls in the 'Red Zone', has 34 containment zones and has recorded 179 positive cases of coronavirus so far, with 102 of these patients being cured and discharged from hospitals, according to official figures.

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News Network
March 18,2020

New Delhi, Mar 18: As many as 276 Indians have been infected with coronavirus abroad, including 255 in Iran, 12 in UAE and five in Italy, the government informed the Lok Sabha on Wednesday.

In a written reply to a question in the Lok Sabha, Minister of State for External Affairs V Muraleedharan said the total number of Indians infected by coronavirus is 276 — 255 in Iran, 12 in UAE, five in Italy, and one each in Hong Kong, Kuwait, Rwanda and Sri Lanka.

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.

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 detected.

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