A day after dozens of civil society and women’s organisations termed the sexual offences ordinance approved by the Cabinet an anti-thesis of the Justice Verma Committee report, President Pranab Mukherjee on Sunday accorded his assent to it.
At a news conference here on Saturday, women’s rights activists had questioned the motives of the government in going ahead with the ordinance post-haste and appealed to the President not to sign it. They are chalking out plans for nationwide protests to pressure Parliament not to allow the government to have its way.
Coming less than three weeks ahead of the budget session, the ordinance makes changes in the criminal law by amending the Indian Penal Code (IPC), the Code of Criminal Procedure (Cr.PC) and the Evidence Act. It provides for capital punishment in cases of rape that leads to death or leaves the victim in “persistent vegetative state,” a proposal disfavoured by the Verma Committee.
The ordinance would have a life of six months unless Parliament approves a bill or bills incorporating the amendments effected to the IPC, the Cr.PC and the Evidence Act. The government managers have sought to give an impression that the ordinance was meant to address ‘a sense of urgency’ in the wake of the nationwide tumult over the brutal gang rape of a 23-year-old paramedical student inside a bus in the national capital on December 16, 2012.
The Verma Committee was constituted to recommend changes to the law for addressing such brutal sexual offences. As if responding to civil society’s anguish over the dichotomy between the ordinance and the Committee report, External Affairs Minister Salman Khurshid said: “All you can do is that when Parliament is not in session, we can promulgate an ordinance. It does not mean that widespread consultations cannot take place when the actual bill is brought in Parliament.”
He asked the women’s organisations and all political parties to come together for widespread consultations with “all the sensitivity” needed.
Besides the death sentence, the ordinance enhances punishment for other crimes like stalking, voyeurism, acid attacks, indecent gestures or words and inappropriate touch.
Activist Kavita Krishnan, addressing a press conference here, said: “We wonder what objective and purpose will be served by such a hasty, non-transparent measure since the ordinance does not retrospectively apply to the Delhi gang rape case.”
Keywords: Criminal Law (Amendment) Ordinance 2013, anti-rape ordinance, Justice Verma Committee report, Delhi gang rape
1. If govt. can go ahead with an idea of having CCTV in all buses ( absolutely unrealistic), yet due to some reason, video recording of victim's statement is "OPTIONAL". This is to deliberately provide a loop hole so that high profile "Sexual Assault" will some how have this "Optional" video recording of statement not practiced. This is "UNACCEPTABLE" and unfair.
2. "Failure of Governance": If at all the bus was stopped for traffic violation or theft. The whole incident would not have happened. The response time of Police is "SO POOR". This is actually a "NATIONAL SECURITY THREAT". It is another 26/11 waiting to happen as response time is very bad. The Ordinance did not address this.
3. Now actually all of those "RAPE ACCUSED" can technically compete elections due to the popularity (Notoriety) and have a fair chance to win. Somehow, the govt. felt it is ok for them to stand for elections while they are in custody.
This Ordinance is weak. Govt. doesn't understand what junta feel.
This action of the present Govt after a massive failure in all fronts,
is a drop in the ocean. The implementation of the law through same
corrupt machinery will not show any drastic improvement. There were
laws but how many have been convicted? Finally although it is correct
that unless the mind set is changed nothing great will happen, but
change of mind set is changing one's basic character which is
impossible with the present set of leaders in UPA most of which are
corrupt and unpatriotic. Unless the man- making education is imparted
according to teachings of Swami Vivekananda, there is not much hope.
. “One ounce of practice is worth twenty thousand tons of big talk."-
Swami Vivekananda
something is better than nothing atleast this much is done now thee can be a hope for other recommendatins of justice verma commitee............ those who went court for justice must be encouraged .............
Leading to death should include not only death in consequence to
injuries sustained during the offence (as in Delhi Case) but also the
death caused by suicide of the victim in consequence to the mental
trauma or psychological fear or depression within a reasonable time.
The urgency for ordinance is for the purpose of seriously dealing with
any such new crimes committed before the formal amendments through
routine Parliamentary procedures. The urgency and seriousness shown by
the Govt. and the supporting stand of BJP should be appreciated. Any
new law or amendments to existing law can take effect from the date of
issue or a prospective date only. No new penal provision can be given
retrospective effect. The International convention on Law and Human
Rights charter prohibits such retrospective operations.
In all such cases trials should be completed within 3-4 months.
It should have been anti dated to include some of the crimes alrady committed and pending in courts
Does this ordiance includes the acid throwing on women, these incident
occured many times in Tamilnadu, recent times. The punishment should be
the same way Acid should be thrown on that person.
It is exhilarating to note that the fast tracking of rape cases and penalising the perpetrators have been prioritized by our government at last! Let us hope that good sense will prevail and this will be a strong deterrent.
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