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Pune Mirror:- ‘We are sitting ducks’ Men’s groups call J S Verma Commission’s recommendations biased, claim they weren’t consulted

February 7, 2013 Leave a comment

Acoalition of groups of men fighting for their rights undertheaegisoftheSaveIndian Family Foundation (SIFF) on Sunday condemned Justice J S Verma Commission’s recommendations. Now, these groups from across the country have started writing mass letters, sending postcards and SMSes to Union Home Minister Sushilkumar Shinde, Union Law Minister Ashwini Kumar and M Venkaiah Naidu, who heads the Parliamentary Standing Committee on Home Affairs. They claimed that the panel’s recommendations disregard democratic values. 

    The three-member panel was set up following the Delhi gang rape to suggest changes required in existing laws to provide better security to women in India.
From Pune, Men’s Rights Association is fighting the recommendations tooth and nail. Atit Rajpara, its founder president, said, “We are surprised how a committee with such eminent panel members chose to ignore the fundamental principle of justice despite police reports stating that many rape cases filed in India are false. These recommendations will ensure that innocent people get punished by “assumption of being guilty”, even after going through a “grilling legal process”.
He said, “A court in Delhi recently ticked off a mother-daughter duo for habitually filing false rape cases for grabbing properties. There are millions of such cases with hidden agendas.” SIFF alleged that the recommendationsarebiasedandanti-men, as not a single organisation, of the 35 representing men’s welfare, was consulted before making the recommendations in the 650-page report. The commissionhadclaimedthatallconcerned parties were consulted. SIFF believes the report is a blind copy of thedemandsmadebyahandfulofaggressive women’s organisations.
The groups say removal of the misuse of sexual harassment at workplace clause,not providing for protection of men from sexual harassment and adding a section for marital rapeinadditiontoexisting15lawsfor women in a marital setting is preposterous on the part of the committee. Men cannot expect to get a fair trial, should any of these recommendations come into existence, they claim. They cited studies which have revealedthatfalserapecasesconstituteover75to90percentrapesinIndia. No punishment has been included forfemalesexualpredators,theysaid.
    Srinivasa Rao of ‘Hridaya’, Kolkata, said, “We oppose the Justice Verma committee recommendations because they have completely been influenced by feminists. Secondly, the existing rape law itself is stringent. It needs to become gender neutral.”
Jyoti Tiwari, All India Forgotten Women Association (AIFWA), said, “Crime and criminals do not have genders. So, equal punishment to all is a must. I lost my brother almost a year back due to one misuse of law. I don’twantthesametohappentomy son tomorrow. So, we strongly demandthatalllawsshouldbegenderneutral and there should be a misuse clause too.”
ABOUT THE NEW ORDINANCE
President Pranab Mukherjee on Sunday gave his assent to the ‘Ordinance on sexual assault’ which was approved by the Union Cabinet two days ago. The changed law will come into force with immediate effect. 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 government will now have to get it passed from the Parliament within six months of the Ordinance coming into effect. The government will bring these provisions as Bills during the Budget Session.
Men protesting against the panel’s recommendations sit down to write letters to top politicians and ministers
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Ordinance vs Verma commission recommendations

February 2, 2013 Leave a comment

 

JUSTICE VERMA COMMITTEE RECOMMENDATIONS

ACCEPTED IN TOTO

ACCEPTED IN PART

NOT ACCEPTED

INDIAN PENAL CODE (1860)

     
Section 354: Sexual Assault and
Punishment for Sexual Assault –
Entirely accepted
Section 100: Right to Private Defense –
Inclusion of an acid attack u/s 326A was accepted only and the rest proposed was already existing in the IPC
Section 376A: Sexual by husband upon his wife during separation –
Verma Committee wanted to delete it.
Was retained by MHA as marital rape was not agreed to.
Section 354 A: Assault or use of criminal
force on woman with intent to disrobe her

Entirely Accepted
Section 166A: Public Servant disobeying
direction under law –
Directions relating to crimes against
women proposed to be made punishable upto only one year against the recommended five years as proposed by Justice Verma Committee. Rest accepted.
Section 376B (1): Rape of an Underage Person –
Not accepted as the provision is in conflict with the PCSOA, 2012
Section 354 B: Voyeurism –
Entirely accepted
Section 326A: Voluntarily causing grievous
hurt through use of acid etc. –
Female circumcision proposed was not accepted. – Compensation adequate to meet at least the medical expenses incurred by the victim was not accepted.
Rest was accepted
Section 376 B (2) Punishment for causing death or a persistent vegetative state in the course of committing rape of an
underage person –
Death penalty was not recommended
Section 354 C (1): Stalking –
Entirely accepted
Section 326B: Volutarily throwing or
attempting to throw acid etc. –
Compensation adequate to meet at least the medical expenses incurred by the victim was not accepted. Rest was accepted
Section 376F: Offence of breach of
Command Responsibility –
Fixes vicarious criminal responsibility on the leader of a force for acts of
subordinates. Not accepted.
Section 354 C (2) Punishment for stalking
–Definition entirely accepted
Section 375 Rape –
Gender Neutrality of the act was not recommended which was not accepted by MHA.
The Bill criminalises the sexual activities between 16 and 18 years which the Verma Committee did not agree.
Verma Committee criminalises marital non-consensual sexual intercourse which is not accepted.
Rest of the recommendations were
accepted.
Gender Neutrality of the act was not recommended which was not accepted by MHA.                                               -Verma Committee criminalises marital non-consensual sexual intercourse which is not accepted.
Section 370 Trafficking of a Person
Entirely accepted
Section 376 (1) Punishment for Rape –
Payment of compensation to the victim was dropped. Rest of the
recommendation was accepted.
Section 370 A Employing a Trafficked Person –
Punishment entirely accepted
Section 376 (2) Aggravated Rape –
Payment of compensation to the victim was dropped. Rest of the
recommendation was accepted.
 
Section 376A (re-numbered as 376B) Sexual intercourse by a Person in Authority –
Accepted in full
Section 376 (3) Punishment for causing death or a persistent vegetative state in the course of committing rape –
Death penalty was preferred by MHA. Rest of the recommendation were accepted.
 
Section 376C Gangrape –
Accepted entirely
Section 376D Gangrape causing death or a persistent vegetative state shall be added:
Death penalty was preferred by MHA. Rest of the recommendation were accepted.
 
Section 376E Punishment for Repeat Offenders –
Accepted entirely
   
Section 509:
Repeal accepted as offences covered elsewhere
   

CRIMINAL PROCEDURE CODE 1973

Section 54A: Proviso to Section 54A regarding identification of arrestee by a disabled person –
Accepted entirely
Proviso to Section 154 Registration of an Offence – Provision to record evidence by police officer at the residence of the person reporting the offence.
Mandatory videographing was not agreed to and converted to optional.
Section 39(1) Clause (vb) –
Compel communication of information of offence relating to crimes against women to the nearest Magistrate –
Not accepted as it is liable to be misused
Section 160:
No male below 18 and above 65 years and woman or physically disabled shall be required to attend a Police Station.
Section 164 (5)(a) and (6)(b) Recording
Statement by a Magistrate –
Special assistance for mentally or
physically disabled persons to be given by Magistrate.
Statement of mentally or physically
disabled person to be considered
sufficient for examination-in-chief and cross examination.
However mandatory videography not agreed to and changed to optional.
Section 40A: Intimation by the Panchayat member the communication of information of offence relating to crimes against women to the nearest Magistrate

Not accepted as it is liable to be misused
Section 198B: Cognisance of an offence u/s 376(1) when persons are in marital relationship   Section 197(1) Sanction for Prosecution –
No sanction would be required for
prosecution of Judge or Magistrate or
Public servant if accused of crimes against women.
Not agreed to avoid false complaints
Proviso to Section 273: Recording of evidence of a victim below 18 years –
Victim will not be confronted by the accused. Accepted in full
  Section 357(4) Compensation to victim –
Payment of compensation of an amount adequate to meet atleast the medical expenses incurred by the victim. This is not acceptable as the compensation would be very low. The Bill has a better provision.
Section 327: Substitution of new offences defined for rape (376A, 376B, 376C, 376D)

Technical formality
   

THE INDIAN EVIDENCE ACT, 1872

Section 53A: Evidence of character of previous sexual experience not relevant in certain cases –
Fully accepted
   
Section 114A: Presumption as to the absence of consent in certain prosecution for sexual assault –
Fully accepted
   
Section 119: Dumb witness substituted by ‘persons who are unable to communicate verbally –
Fully accepted
   
Proviso in Section 146: Question regarding the moral character will not be put to the victim during cross examination –
Fully accepted
   

ARMED FORCES (SPECIAL POWERS) ACT, 1958

    Proviso to Section 6: No sanction would be required if the armed force personnel is accused of a crime against woman.

 

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