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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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MAKE RAPE LAW GENDER NEUTRAL- DEMANDS SAVE INDIAN FAMILY

January 9, 2013 7 comments
ma. ta. special Correspondent
 
The current laws pertaining to harassment are based on the belief that only women are victims.Therefore the new proposed law or amendment to existing law on Rape- Sexual assault should be made gender-neutral in a letter written by Rajesh Vakharia, President Central Chapter of Save Indian Family Foundation to Chief Justice.
 
Actually statistics show that more men than women are victims of harassment. But all the debates talk only of women harassment, that does not mean that all men have sufficient protection. Hence the new law should be made gender-neutral so that male victims can also get justice says Rajesh Vakharia. Whosoever is guilty should be severely punished and therefore law should be equal for everyone. All the present laws are drafted considering that only women are victims. Save Indian Family is of the opinion that present laws are biased and consider all males as oppressors and all women as the oppressed.
 
Sexual Harassment of males is high. But in most cases there are no complaints. Hence these are not recorded. Most of the times cases are not reported due to shame. A man fears that no one will believe him. He has a fear of getting removed from job and hence does not complain. Due to male-dominated culture, all the responsibilities of running a home is on the male. Hence if a man complains and gets fired from job, not only the man but his family gets affected. So there are no complaints. But don’t men have right to peaceful existence? Crime of Sexual Harassment should be applicable to both the genders, he demands.
 
In the same letter, he raises issue of sexual assault on male inmates in police custody. Several men have lost their lives in the prisons in such inhumane cases. Beating on the buttocks of male prisoners, giving mild shocks to private parts, putting chilli powder are some of shocking incidences coming to light. This is sexual harassment of male. In our society, Rape is crime only if done by a man on woman. But world-wide such laws also embrace assault of men by men, female by female, male by female. The new law should take this also into account.
 
Whenever amendment is sought in a law it should not be based on emotions but by rational thinking and taking into account the current state of affairs. Similarly sexual harassment complaint should be accepted from men as well as women. People in a frenzy demand for capital punishment by getting excited on single incidence however when the punishment is awarded, it should not be based on emotions but on actual facts and background of complainants of the case.
 
As per police records 70 to 80% cases of rape are false. Due to such false cases, the real victims get delayed justice. To avoid such situations, false complainants need to be punished rigorously. Most of the times consensual sex is also treated as rapes, hence the definition of rape must be suitably amended demands Vakharia.
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