Anti-rape Bill delayed again, referred to GoM

March 12, 2013
New Delhi, Mar 12: A bill which seeks to make punishment for crime against women more stringent was today referred to a Group of Ministers for further consultations after differences erupted in the meeting of the Union Cabinet on certain provisions, including lowering the age of consensual sex to 16 years.

anti-rapeSources said the hour-long special Cabinet meeting convened to clear the bill could not arrive at an agreement, following which Prime Minister Manmohan Singh referred it to a GoM.

The proposed GoM is likely to have Finance Minister P Chidambaram, Women and Child Development Minister Krishna Tirath, Law Minister Ashwani Kumar, Home Minister Sushilkumar Shinde and Telecom Minister Kapil Sibal, sources said.

While there was unanimity in the Cabinet to pass the Bill, certain issues remained unresolved.

The bill proposes that the age of consent be lowered from 18 to 16. The issue had led to lengthy inter-ministry consultations with some arguing that it should not be reduced. The Women and Child Development Ministry had opposed the move.

Sexual intercourse under the age of consent is considered statutory rape.

Sources also said some senior ministers were not able to agree on issues such as whether the word "rape" - which is more gender specific- should replace "sexual assault" - which is gender neutral - in the proposal, and how to define voyeurism and stalking, which the bill identifies as criminal offences. The two were for the first time defined as criminal offsenses in the ordinance.

Some ministers expressed concern about not enough safeguards against false evidence and testimony.

The bill retains a key provision of the ordinance under which if rape leads to death of the victim or leaves her in a vegetative state, it can also attract death penalty. The minimum punishment is 20 years in jail which may extend upto the "natural life" of the convict.

The Criminal Law (Amendment) Bill, 2013 will replace the February 3 Criminal Law (Amendment) Ordinance.

The Ordinance will lapse on April 4 - six weeks from February 21 when the Budget session was convened.

Since the ordinance is the 'law of the land' as of today, cases of rape and similar crimes will continue to be registered under its provisions till the President signs the new bill to make it into law.

The Criminal Law (Amendment) Bill, 2012 introduced in the Lok Sabha in December last will be scrapped once the new bill is introduced in Parliament, most likely later this week.

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Agencies
June 9,2020

Srinagar, Jun 9: Suspended Jammu and Kashmir DSP Davinder Singh, who was nabbed while ferrying two Hizbul Mujahideen terrorists on the Srinagar-Jammu Highway, moved a Delhi court on Tuesday seeking interim bail.

Besides Singh, two other accused -- Syed Naveed Mushtaq and Imran Shafi Mir -- have also sought bail. The Special Cell of the Delhi Police is probing their role in the alleged planning of a terror attack.

The trio has sought bail asserting that there is no evidence to show that there was any conspiracy to commit an act that would threaten the sovereignty of the country. The court has listed the matter for hearing on Wednesday.

"The accused are wrongly and falsely implicated in the case. There is also no material to substantiate that the accused had the intention or conspired to carry out a terror strike," the plea stated.

Singh is currently under judicial custody at the Hira Nagar Jail in J&K till June 16. Besides Singh, three other accused -- Javed Iqbal, Syed Naveed Mushtaq and Imran Shafi Mir -- are also under custody.

Delhi Police's Special Cell had brought him from Hira Nagar Jail to the national capital in March for interrogation in another case.

The police had earlier told the court that Mushtaq, who was the commander of Hizbul Mujahiddeen in Shopian district, along with other militants were planning to execute a terror attack in Delhi and other parts of the country and targeted killings of protected persons.

In connection with this, the Delhi Police had filed an FIR which stated that the youth of Jammu and Kashmir and Punjab are being trained for carrying out terrorist activities. Singh was taken into custody under this FIR and was also interrogated regarding the Khalistan angle.

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News Network
January 13,2020

Jan 13: India lost more than $1.33 billion to internet restrictions in 2019 as Prime Minister Narendra Modi’s government pushed ahead with his party’s Hindu nationalist agenda, raising tensions and sparking nationwide protests.

The worst shutdown has been in Kashmir, where after intermittent closures in the first half of the year, the internet has been cut off since Aug. 5 following the government’s decision to revoke the special autonomous status of the country’s only Muslim-majority state, a study said. The prologued closure was criticized by India’s highest court, which ruled Friday that the “limitless” internet shutdown enforced by the government for the last five months was illegal and asked that it be reviewed.

India imposed more internet restrictions than any other large democracy, according to the Cost of Internet Shutdowns 2019 report released by Top10VPN, a U.K.-based digital privacy and security research group. The South Asian nation recorded the third-highest losses after Iraq and Sudan, which lost $2.31 billion and $1.86 billion respectively to disruptions. Worldwide internet restrictions caused losses worth $8.05 billion, the report said.

The cost of internet blackouts was calculated using indicators from groups including the World Bank, International Telecommunication Union, and the Delhi-based Software Freedom Law Center. It includes social media shutdowns in its calculations.

India’s ministry of information and technology didn’t respond to an email seeking a response to the report’s findings.

‘Conservative Estimates’

Through 2019, India shut access to the internet for over 4,000 hours. The report added shutdowns in India were often narrowly targeted, down to the level of blocking city districts for a few hours to allow security forces to restore order. Many of these incidents were not included in the report.

“These are conservative estimates,” said Simon Migliano, head of research at U.K.-based Top10VPN. “Internet shutdowns are increasing and it shows a damaging trend.”

India’s other major internet disruptions coincided with two moves by the government that affect India’s Muslim minority. The first disruption took place in November in the states of Uttar Pradesh and Rajasthan after the Supreme Court handed a victory to Hindu groups over Muslim petitioners in a long-simmering dispute over a plot of land.

There were further disruptions in December when protests erupted against the introduction of a religion-based law that allows undocumented migrants of all faiths except Islam from neighbouring countries to seek Indian citizenship. The government enforced shutdowns across Uttar Pradesh and some Northeastern states in order to quell the protests, the report said.

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News Network
May 19,2020

Hyderabad, May 19: Telangana Chief Minister K Chandrashekar Rao has hit out at the Narendra Modi-led NDA government over the fiscal stimulus package, accusing it of treating states like "beggars" and imposing "laughable" conditions for increasing borrowing limits under the FRBM Act.

"This is 'pure cheating. Betrayal. Jugglery of numbers. All gas. The Centre has reduced its own prestige," he said while referring to conditions linked to the increased borrowing limits for states under the Fiscal Responsibility and Budget Management (FRBM) Act.

Rao cited international journals that had commented on whether the Union Finance Minister's aim was to revive the GDP or to reach the Rs 20 lakh crore number (the stimulus package announced by Prime Minister Narendra Modi).

"This is a very cruel package. It is fully in a feudal policy and dictatorial attitude. We fully condemn this. This is not what we asked for," Rao, who had supported several measures taken by the Centre so far in the fight against coronavirus, said.

At a time when the finances of states were paralysed due to COVID-19 global pandemic, the state governments wanted funds to reach them so that they can help people in different forms, he said. "When we asked for it, you treat states like beggars, what did the Centre do? Is this the way reforms are implemented in India?" he asked during an interaction with media on Monday after a cabinet meeting.

For example, two per cent increase under the Fiscal Responsibility and Budget Management (FRBM) Act (about Rs 20,000 crore in Telangana) has been given.

But, the conditions put are "laughable" and "very nasty" though the loan was to be fully repaid by the state, he said.

Explaining the situation, Rao said Rs 2,500 crore would be given if reforms were implemented in power sector and Rs 2,500 crore would be allowed if reforms in market committees as suggested by the central government are accepted.

"Is this a package? What is this? This cannot be called a package. Very sorry.. This is not the policy to be followed in a federal system... Then what are the state governments for?" the Telangana Rashtra Samithi supremo asked and said they were also constitutional governments and not subordinates.

The CM said he felt anguished and the way the Centre was wielding control over states was against the spirit of federalism.

"Prime Minister ji said cooperative federalism. This has proved that it is totally hollow and bogus," he added.

The state, however, has already fulfilled certain conditions, he added.

On the occasion, Rao also outlined his government's certain policy guidelines for regulatory farming proposed to be implemented.

On the additional water proposed to be drawn by the neighbouring Andhra Pradesh from Srisailam project, he said there was no question of compromising on the states interests.

Flaying Opposition criticism against his government for allegedly failing to protect the state's interests, Rao said he had sought peaceful co-existence with all the neighbouring states.

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