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Beware of women !!!!

CA AYUSH AGRAWAL (Kolkata-Pune-Mumbai) (26935 Points)

23 March 2013  

 

Lok Sabha on 19th March 2013 passed Criminal amendment Bill aiming to toughen laws dealing with crime against women.  The bill provides natural life term or even death for repeat offenders of rape. The Criminal Law (Amendment) Bill, 2013 commonly known as the anti-rape bill was passed by Rajya Sabha after amendmentsmoved by Left MPs were defeated.

The purpose of the bill is to provide stringent punishment also for offences like stalking, voyeurism, acid attacks and human trafficking.The Bill seeks to replace an Ordinance promulgated on February 3, which will expire on April 4.  It seeks to amend the Indian Penal Code, the Code of Criminal Procedure, the Indian Evidence Act and the Protection of Children from Sexual Offences Act.On human trafficking of minor girls, the government has taken cognisance of this offence and certain sections have been incorporated to give stringent punishment. Police officers and executive officers involved in such offence will also be punished under the  new law.

Important provisions in the Ordinance

New offences

This new Ordinance created some new offences or have expressedly created certain offences which were dealt under related laws. These new offences like, acid attack, s*xual harassment, voyeurism, stalking has been incorporated into the Indian Penal Code (IPC).

Section

Offence

Punishment

Notes

326A Acid attack Imprisonment not less than ten years but which may extend to imprisonment for life and with fine which may extend to ten lakh rupees Gender neutral
326B Attempt to Acid attack imprisonment not less than five years but which may extend to seven years, and shall also be liable to fine Gender neutral
354A Sexual harassment Rigorous imprisonment upto five years, or with fine, or with both in case of offence described in clauses (i) & (ii)Imprisonment upto one year, or with fine, or with both in other cases Gender neutral(i)physical contact and advances involving unwelcome and explicit s*xual overtures; or(ii) a demand or request for s*xual favours; or

 

(iii) making s*xually coloured remarks; or

(iv) forcibly showing p*rnography; or

(v) any other unwelcomephysical, verbal or non-verbal conduct of s*xual nature.

354B Public disrobing of woman Imprisonment not less than three years but which may extend to seven years and with fine. Assaults or uses criminal force to any woman or abets such act with the intention of disrobing or compelling her to be naked in any public place
354C Voyeurism In case of first conviction, imprisonment not less than one year, but which may extend to three years, and shall also be liable to fine, and be punished on a second or subsequent conviction, with imprisonment of either descripttion for a term which shall not be less than three years, but which may extend to seven years, and shall also be liable to fine. Watching or capturing a woman in “private act”, which includes an act of watching carried out in a place which, in the circumstances, would reasonably be expected to provide privacy, and where the victim’s genitals, buttocks or breasts are exposed or covered only in underwear; or the victim is using a lavatory; or the person is doing a s*xual act that is not of a kind ordinarily done in public.
354D Stalking Imprisonment not less than one year but which may extend to three years, and shall also be liable to fine Gender neutral. Whoever follows a person and contacts, or attempts to contact such person to foster personal interaction repeatedly, despite a clear indication of disinterest by such person, or whoever monitors the use by a person of the internet, email or any other form of electronic communication, or watches or spies on a person in a manner that results in a fear of violence or serious alarm or distress in the mind of such person, or interferes with the mental peace of such person, commits the offence of stalking

Background

On 16 December 2012 a female physiotherapy intern was beaten and gang raped in Delhi. She died from her injuries thirteen days later, despite receiving treatment in India and Singapore. The incident generated international coverage and was condemned by the United Nations Entity for Gender Equality and the Empowerment of Women, who called on the Government of India and the Government of Delhi “to do everything in their power to take up radical reforms, ensure justice and reach out with robust public services to make women’s lives more safe and secure”. Public protests took place in Delhi, where thousands of protesters clashed with security forces. Similar protests took place in major cities throughout the country.

On 22 December 2012, a judicial committee headed by J. S. Verma, a former Chief Justice of India, was appointed by the Central government to submit a report, within 30 days, to suggestamendments to criminal law to sternly deal with s*xual assault cases. The Committee submitted its report after 29 days on 23 January 2013, after considering 80,000 suggestions received by them during the period from public in general and particularly eminent jurists, legal professionals, NGOs, women’s groups and civil society. The report indicated that failures on the part of the Government and Police were the root cause behind crimes against women. Major suggestions of the report included the need to review AFSPA in conflict areas, maximum punishment for rape as life imprisonment and not death penalty, clear ambiguity over control of Delhi Police etc.

The Cabinet Ministers on 1 February 2013 approved for bringing an ordinance, for giving effect to the changes in law as suggested by the Verma Committee Report. According to Minister of Law and Justice, Ashwani Kumar, 90 percent of the suggestions given by the Verma Committee Report has been incorporated into the Ordinance. The ordinance was subsequently replaced by a Bill with numerous changes, which was passed by the Lok Sabha on 19 March 2013.


 10 Replies

CA AYUSH AGRAWAL (Kolkata-Pune-Mumbai) (26935 Points)
Replied 23 March 2013

No Use of Passing This Bill.

All is Part of Politics.

The Real Criminal Will Escape and Innocent Will Suffer.

1 Like

(Guest)
Originally posted by : CA AYUSH AGRAWAL

No Use of Passing This Bill.

All is Part of Politics.

The Real Criminal Will Escape and Innocent Will Suffer.

 

 

Thanx Ayush ji 4 sharing dis.............

 

But wht do u mean by dat "Innocent will suffer?????????"

1 Like

Mihir (Wealth Manager) (5288 Points)
Replied 23 March 2013

I hope the judiciary follows the rule "Innocent until proven guilty" otherwise lot of innocent people will be victim of misuse of laws similar to the IPC 498A.

Bharat chandan (student) (158 Points)
Replied 23 March 2013

we can jst hope.............

DISHA SHAH (professional) (1618 Points)
Replied 24 March 2013

our judicial procedure is too enough long and many windows availble to save innocent so  says

leave even 1000 criminals to escape but nowhere should one innocent be prosecuted

Mihir (Wealth Manager) (5288 Points)
Replied 24 March 2013

Law should be made not based on politics or self-righteous media, but on the principles of just and fair protection of fundamental rights of each and every being which is already been accepted for more than 6 decades - in our constitution. Politics will change, parties will change, media tactics will change, political agenda will change, but the principles of human rights must remain constant.

How is it such a bad idea to make provisions in law to curb its misuse? Arguments such as "new laws will protect" is just an eyewash and cannot be justified at the cost of innocent people being falsely accused for personal vendetta. In a country like India, it pays to be politically incorrect. Get out of the crowd and one will be surprised how different the reality is from what is been portrayed by media.  

1 Like

(Guest)

 

At his best, man is the noblest of all animals; separated from law and justice he is the worst.

-- Aristotle

siddharth jain (ca- ipcc) (197 Points)
Replied 25 March 2013

the problem of our country is , there are thousands of laws but zero implementation. If you have the power law works for you  but if you are weak ,law works against you.  You will find law for every crime, but every crime happens here...

Deepak kumar sharma (Govt. job) (2946 Points)
Replied 26 March 2013

i grown up learning phrases like " yatr naryastu pujyante ramante tatr devta" (God lives where women worshiped), Atithi devo bhava (guest are like god). But i found that these are mere theories of great Indian culture. In real life Indians behave quite opposite mostly. Even foreign developed countries give more respect and freedom than us. We are just making a illusion only. That was just a theory. In practical we Indians behave quite opposite. We need to improve our education method. We should not avoid co-education anymore. Make them part not apart. Let them learn to live with one another with honor and without hesitation.
1 Like

Simran K (Learner) (23 Points)
Replied 27 April 2016

We need such kind of laws to prevent men from comitting heinous crimes such as acid attacks. The victim has to go through hell once she  suffers such an attack and the recovery is beyond impossible. I was reading an article about an acid attack victim and how she was trying to rebuild her life after six painful surguries (Read https://www.thebetterindia.com/45282/blog-acid-attack-victim-rekha-surgery-bengaluru/). Sometimes I feel that the attacker should be punished severely so as to set an example to other attackers and rather prevent them from committing this crime.


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