Criminal Amendment – India Legal https://www.indialegallive.com Your legal news destination! Fri, 01 Jun 2018 12:00:53 +0000 en-US hourly 1 https://wordpress.org/?v=6.4.4 https://d2r2ijn7njrktv.cloudfront.net/IL/uploads/2020/12/16123527/cropped-IL_Logo-1-32x32.jpg Criminal Amendment – India Legal https://www.indialegallive.com 32 32 183211854 Declare law on death for rape of under 12-yr-olds void, demands PIL; Delhi HC issues notice https://www.indialegallive.com/top-news-of-the-day/news/declare-law-on-death-for-rape-of-under-12-yr-olds-void-demands-pil-delhi-hc-issues-notice/ Fri, 01 Jun 2018 11:59:02 +0000 http://www.indialegallive.com/?p=49366 Declare law on death for rape of under 12-yr-olds void, demands PIL; Delhi HC issues noticeA PIL has been filed before the Delhi High Court bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, claiming that the proposed Criminal law Amendment 2018 (prescribing death sentence as punishment for gang rape on women under 12 years of age) is a regressive step and should be declared void. The […]]]> Declare law on death for rape of under 12-yr-olds void, demands PIL; Delhi HC issues notice

A PIL has been filed before the Delhi High Court bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar, claiming that the proposed Criminal law Amendment 2018 (prescribing death sentence as punishment for gang rape on women under 12 years of age) is a regressive step and should be declared void.

The appeal says that the law would be in derogation of Articles 14 and 21 of the constitution. The PIL has also asked for a committee, headed by a member of the NHRC (preferably a female), to be constituted to come out with preventive measures to control the incidents of rapes (especially of minor girls), based on scientific principles and data and to come out with progressive steps in the field of sentencing and reforming, especially young persons convicted for the offence of rape.

The court on Friday (June 1) notified all parties concerned and also appointed Aparna Chandra as Amicus Curiae.

The next date of hearing has been set for July 31.

The NGO Social Action Forum For Manav Adhikar (SAFMA), in its petition, said: “The present petition under Article 226 of the Constitution of India is a Public Interest Litigation seeking order declaring section 5/6 of Criminal Law (Amendment) Ordinance, 2018, (prescribing death sentence as punishment for gang rape on women under 12 years of age) as void being in derogation of Articles 14 and 21 of the Constitution of India.

“In the aftermath of the Nirbhaya case due to public outrage, the Justice J S Verma Committee was constituted to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. This committee came out with a report in 2013, which stated that “death penalty would be a regressive step in the field of sentencing and reformation”.

Yet, vide the Criminal Law (Amendment) Act, 2013capital punishment was included for rape u/s 376 only in cases resulting in death or the victim being left in vegetative state and the definition of rape u/s 375 IPC was enlarged.

“In 2018 in response to the widespread outrage over the gang-rape and murder of a 8-year-old girl of the nomadic tribe in Jammu & Kashmir, instead of reliable research and punishment based on the principle of proportionality, once again succumbing to political expediency , the Criminal Law (Amendment) Ordinance, 2018, providing stringent punishment of a jail term of minimum 20 years or life imprisonment or death for rape of a girl under 12 years has been introduced with a ambition to have safer societies. Four states had earlier approved introduction of ‘death penalty’ for ‘child rape’ (rape of children aged 12 years or below) through state amendments to the criminal laws i.e. Arunachal Pradesh, Haryana, Rajasthan and Madhya Pradesh.

“The apparent contradiction in the law and ordinance is that on the one hand, definition of rape has been liberalised and on the other hand, most stringent punishment has been prescribed for the same. The Law Commission of India 262nd  Report on the Death Penalty in 2015, states in focusing on death penalty as the ultimate measure of justice to victims, the restorative and rehabilitative aspects of justice are lost sight of. Reliance on the death penalty, diverts attention from other problems ailing the criminal justice system such as poor investigation, crime prevention and rights of victims of crime”.

“The Commission also added that the data available also suggests that the majority of death row convicts in India are from economically vulnerable sections of society. Prior to issuing ordinance there been no consultation with Law Commission, National Human Rights Commission, Law Commission, National Commission for Protection of Child Rights.

“It is pertinent to mention here that Punishment aims to serve two purposes, deterrence & rehabilitation reformation.

“Reformation rehabilitation of the accused so that he can be a safe and productive member of society main streamed, and Deterrence, so that general public be deterred from committing such crimes. Capital punishment is barbaric and medieval being more about retribution, while disregarding the reformative aspect of the criminal justice system, as is being seen in India wherein cases of child rape continue unabated in spite of amendment in 2013, which is a cause for serious concern, often committed by family members and even by the so called ‘Godmen’/cult leaders.”

—India Legal Bureau

]]> 49366 India Legal show: Ensure rehabilitation of acid attack victims, say panelists https://www.indialegallive.com/special-story/india-legal-show-ensure-rehabilitation-acid-attack-victims-say-panelists/ Thu, 07 Dec 2017 10:15:29 +0000 http://www.indialegallive.com/?p=40388 Photo Courtesy Anil Shakya]]> Photo Courtesy Anil Shakya

Above: Photo Courtesy Anil Shakya 

The latest India Legal show deliberated on the current scenario of the acid attacks in India. The show talked to a cross section people such as social activists, NGOs etc. involved in rehabilitation of acid attack victims, clinical psychologists, government officials involved in rehabilitation of acid attack victims, former judges, acid attack victims etc and took their views.

Rajshri Rai, Editor-in-Chief, APN anchored the show. The show panellists included:

  • Justice A N Mittal, Chairman, UP Law Commission
  • Justice Bhavar Singh, former judge, Allahabad High Court
  • Justice A K Tripathi, former judge, Allahabad High Court
  • Dr M K Johar, Director, Max Hospital
  • Gunjan Sharma, Member, Shaurya Achievers Society
  • Arun Sahni, Member, Shaurya Achievers Society
  • Dr Aashima Srivastava, Clinical Psychologist, Max Hospital
  • Sadhna Singh, Deputy ASP, Mahila Samman Prakoshtha
  • Anuja Trehan Kapur, Psychologist and social activist

Rai started the debate by asking Srivastava on the psychological condition on the persons who indulge in acid attacks.

Srivastava replied: “The attackers are the anti-social personalities. These persons witness violence right from the childhood to the adulthood. These attackers lack emotional content and are highly impulsive. If they face refusal from the woman they love, they take it as a defeat. In these kinds of people, there is lack of guilt and remorse. They act according to their impulses.”

Justice Singh stressed upon the fact that police should be sensitized to handle the acid attack cases empathically. He said: “The police role should be beefed up. The responsibility of the police in such cases is to take victim first to the hospital. Then police should ensure that report should be registered in the police station. The police should also ensure that the accused should be arrested. The victim’s family should be informed.

“So the police should be sensitized first. The police should play the role of guardian first. So we should make a law for the police demarcating as what responsibilities they should follow while handling the acid attack cases.”

Sharing the same sentiments, Kapur said: “When we see these kind of problems, we ascertain that police should be sensitized against acid attack victims. Police usually don’t show empathy while dealing with acid attack victims. There is a dire need for police reforms. Education and gender sensitization is also very much needed so that these kind of situation be dealt with sensitivity. Police themselves need counseling as how they should contribute in rehabilitating the acid attack victims.”

Justice Mittal pointed out the role of compensation in acid attack victims’ rehabilitation. He said: “The acid attack cases need special supervision. As far as compensation is concerned, court can facilitate it by telling the accused to compensate the victim. And if court finds that the accused doesn’t have the capacity to pay the fixed amount i.e Rs 3 lakhs, then it can also direct the state government to bear the expenses for the hospitalization of the victims. Courts have got that power.”

Justice Tripathi also shed light on the aspect of compensation meted out to the acid attack victims. He said: “The criminal amendment act, 2013 was amended and the two sections were added to it — 326A and 326B. In 326A, the minimum punishment was 10 years. In 326B, the minimum punishment was 5 years with fine. There is also a provision that the fine would also be given to victims. There is also a provision of Section 357 that a court can use. In this, the court can slap compensation on the accused even if he gets bail or discharged.”

—India Legal Bureau

]]> 40388