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
July 16,2020

New Delhi, Jul 16: With India's economic growth sputtering, the Reserve Bank of India was expected to maintain a rate-cutting cycle, but an uptick in near-term inflation could give the central bank's Monetary Policy Committee reason to pause for now.

Having cut its key lending rate by an aggressive 115 basis points (bps) in 2020, on top of 135 bps cuts in 2019, the RBI so far has had little success in spurring credit growth amid varying degrees of lockdowns across India.

Some economists and market insiders argue it may be prudent for the MPC, the policy committee, to hold its fire when it meets early next month.

"It's probably too early to administer a demand stimulus. The RBI still has room to cut rates, but we probably want to be more cautious of the timing," said Venkat Pasupuleti, portfolio manager at Dalton Investments.

"Maybe they should wait a quarter to see how things pan out once the lockdown situation is eased further."

Market participants have factored in at least a 25 bps rate cut by the MPC on August 6 while analysts are predicting a total 50-75 bps cuts over the rest of the fiscal year that runs to March 31.

The spike in the retail inflation rate above the RBI's mandated 2%-4% target range is another reason for the central bank to take a breather, analysts say.

Annual retail inflation rose to 6.09% in June, compared to 5.84% in March and sharply above a 5.30% median forecast in a Reuters poll of economists.

Rahul Bajoria, an economist at Barclays, said the spike in both consumer and wholesale prices "could lead to a tempering in enthusiasm for material front-loaded policy support from here on."

Almost all economists however agreed the RBI cannot move away from its accommodative stance or call an end to the rate cutting cycle just yet.

India's economy grew at 3.1% in the March quarter - an eight year low - and some economists have predicted a contraction of more than 20% in the June quarter and a contraction of up to 5% in the fiscal year.

"Even in the event of a pause, we think the RBI and MPC would want to hold out the promise of more cuts," said A. Prasanna, economist with ICICI Securities.

RBI Governor Shaktikanta Das said in a recent speech the need of the hour is to restore confidence, preserve financial stability, revive growth and recover stronger, suggesting inflation concerns are unlikely to deter the downward trajectory for rates too soon.

"The August policy decision would boil down to a judgment call over whether RBI can maintain easy monetary and financial conditions without the aid of a token rate cut," Prasanna said. 

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Agencies
March 15,2020

New Delhi, Mar 15: The number of novel coronavirus cases in the country rose to 107 on Sunday, with 12 fresh cases in Maharashtra, the Union Health Ministry said.

The number of cases include two persons who died in Delhi and Karnataka.

While a 76-year-old man from Kalaburagi who had recently returned from Saudi Arabia died on Thursday, a 68-year-old woman in Delhi who had tested positive for coronavirus passed away at the Ram Manohar Lohia (RML) Hospital on Friday night.

Delhi has reported seven positive cases and Uttar Pradesh 11 so far. Karnataka has six coronavirus patients while Maharashtra 31, Ladakh three and Jammu and Kashmir 2. Telangana reported three cases.

Besides, Rajasthan also reported two cases. Tamil Nadu, Andhra Pradesh and Punjab have reported one case each.

Kerala has recorded 22 cases, including three patients who were discharged last month after they recovered from the contagious infection with flu-like symptoms.

The total number of confirmed cases includes 17 foreigners -- 16 Italian tourists and a Canadian, the ministry officials said

Amid rising coronavirus cases in India, the government has asked people not to panic, saying no community transmission of the virus has been observed and there has only been a few cases of local transmission so far and that it is "not a health emergency" in India at present.

With the World Health Organisation (WHO) declaring COVID-19 a pandemic, a Health Ministry official said over 4,000 people who had come in contact with the 93 positive cases have been identified through contact tracing and were being tracked while 42,000 people across the country are under community surveillance.

He said all essential facilities like community surveillance, quarantine, isolation wards, adequate personal protective equipment (PPEs), trained manpower, rapid response teams are being strengthened further in all states and union territories.

The government on Wednesday suspended all visas, barring a few categories like diplomatic and employment, in an attempt to prevent the spread of coronavirus.

It has asked Indian nationals to avoid all non-essential travel abroad.

All incoming international passengers returning to India should self-monitor their health and follow the required do's and dont's as detailed by the government.

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Agencies
February 27,2020

Bengaluru, Feb 27: Defence Minister Rajnath Singh on Thursday said that the situation is moving towards normalcy in Delhi after recent incidents of violence.

"Situation is moving towards normalcy," Rajnath told media here.

Joint Commissioner of Police (Traffic) Narendra Singh Bundela on Thursday said that the law and order and traffic situation in violence-affected parts of Delhi is normal.

"The situation is quite normal and peaceful as far as security and traffic are concerned. We have held talks and conducted patrols with people of all communities. Services such as road cleaning have resumed and traffic flow is normal," Bundela told ANI here.

"People can go out to get their daily needs from the market but we are advising them not to come out in groups," he added.

Meanwhile, the death toll in the incidents of violence in North-East Delhi has risen to 34.

Delhi Police has registered 18 FIRs and 106 people have been arrested in connection with the violence.

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