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 10,2020

New Delhi, Jan 10: The Supreme Court while hearing petitions challenging restrictions in Jammu and Kashmir on Friday stated that the right to access the internet is a fundamental right under Article 19 of the Constitution of India.

"It is no doubt that freedom of speech is an essential tool in a democratic setup. The freedom of Internet access is a fundamental right under Article 19(1)(a) of the Constitution," a two-judge bench headed by Justice N V Ramana stated while reading out the judgment.

The top court said that Kashmir has seen a lot of violence and that it will try to maintain a balance between human rights and freedoms with the issue of security.

It also directed the Jammu and Kashmir administration to review the restrictive orders imposed in the region within a week. “The citizens should be provided highest security and liberty,” the apex court added.

The top court made observations and issued directions while pronouncing the verdict on a number of petitions challenging the restrictions and internet blockade imposed in Jammu and Kashmir after the abrogation of Article 370 in August last year.

The Supreme Court had on November 27 reserved the judgment on a batch of petitions challenging restrictions imposed on communication, media and telephone services in Jammu and Kashmir pursuant to revocation of Article 370.

The court heard the petitions filed by various petitioners including Congress leader Ghulam Nabi Azad and Kashmir Times editor Anuradha Bhasin.

The petitions were filed after the central government scrapped Article 370 in August and bifurcated Jammu and Kashmir into two Union Territories -- Jammu and Kashmir and Ladakh. Following this, phone lines and the internet were blocked in the region.

The government had, however, contended that it has progressively eased restrictions.

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News Network
July 19,2020

New Delhi, Jul 19: With the highest single-day spike of 38,902 cases reported in the last 24 hours, India's total COVID-19 tally on Sunday reached 10,77,618, informed the Union Health and Family Welfare Ministry on Sunday.

The death toll has gone up to 26,816 with 543 fatalities reported in the last 24 hours.

The Health Ministry said the total number of cases includes 3,73,379 active cases and 6,77,423 patients have been cured/discharged/migrated.

Maharashtra remains the worst affected state with 3,00,937 cases reported until Saturday.
Meanwhile, as per the information provided by the Indian Council of Medical Research (ICMR), 1,34,33,742 samples have been tested for COVID-19 till July 18, of these 3,61,024 samples were tested yesterday.

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News Network
May 26,2020

Kasaragod, May 26: Amid relaxation of COVID-19 lockdown norms, Secondary School Leaving Certificate (SSLC) and vocational higher secondary education (VHSE) examinations resumed in Kerala on Tuesday.

Schools in the state maintained social distancing norms and other precautionary measures amid the examination. Hand sanitisers were also provided at the centres while wearing face masks was made mandatory for all students.

Students at VHSS Manacaud High School in Thiruvananthapuram were encouraged to follow social distancing norms while they also underwent thermal screening before entering the examination centre.

In Kerala, VHSE and SSLC exams began today. While VHSE is scheduled in the morning, the SSLC exam is held in the afternoon session.

Senior secondary exams are scheduled to begin in the state from May 27.

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