Court lifts gag order on India gang rape trial

NEW DELHI — A court ruled Friday that Indian media will now be allowed to cover the trial of four men accused in the gang rape and fatal beating of a woman on a New Delhi bus in December, a defense lawyer in the case said.

Journalists had been barred by a court order from entering the courtroom or reporting details of the trial, which is already under way in a special fast-track court in the capital.

But the Delhi High Court lifted the gag order Friday, allowing local media to cover one of the most high-profile trials in the country, according to defense lawyer V.K. Anand.

The ruling by Justice Rajiv Shakdher said one representative from national Indian daily newspapers and one from local wire services would be allowed into the courtroom and then will be expected to brief reporters outside the court, according to the Press Trust of India. The journalists will still be barred from naming the victim, her family and witnesses called in the case, the ruling said, according to PTI.

The decision to open the trial to reporters was likely to lead to a new wave of media coverage of the crime, which sparked protests across India demanding stronger protection for women.

Police say the 23-year-old student and a male friend were attacked when they boarded a private bus they thought was taking them home after seeing a movie at an upscale shopping mall on Dec. 16. Six attackers beat the man and raped the woman, inflicting massive internal injuries with a metal bar, police said. The victims were dumped on the roadside, and the woman died two weeks later in a Singapore hospital.

In the wake of the attack, a special fast-track court was set up in New Delhi to deal with sexual violence cases, beginning with the gang rape trial. Five men were originally on trial, but one was found dead in his jail cell earlier this month in an incident authorities said was a suicide. A sixth suspect is being tried as a juvenile.

The court ruling Friday came just a day after Parliament passed a sweeping new law to protect women against sexual violence in response to the rape.

The law, which moved with lightning speed through a usually slow-paced legislature, makes stalking, voyeurism and sexual harassment a crime. It also provides for the death penalty for repeat offenders or for rape attacks that lead to the victim's death.

Source: http://www.huffingtonpost.com/huff-wires/20130322/as-india-gang-rape/?utm_hp_ref=media&ir=media

Anti-rape Bill makes stalking, acid attacks punishable

VINAY KUMAR, NEW DELHI, March 19, 2013

PTITV grab of Home Minister Sushil Kumar Shinde and UPA Chairperson Sonia Gandhi in the Lok Sabha in New Delhi on Tuesday.

The Lok Sabha on Tuesday passed the Criminal Law (Amendment) Bill, 2013, to provide for more stringent punishment for crimes against women, including natural life term or even death for repeat offenders of rape. For the first time, the new anti-rape law also imposes various penalties for stalking, voyeurism and acid attacks. The Criminal Law (Amendment) Bill, 2013, seeks to replace an ordinance which was promulgated on February 3. Though acid attacks, stalking, voyeurism and the trafficking of women are punishable under criminal law, the Lok Sabha voted against amendments seeking life imprisonment for acid attacks as also making first-time stalking a non-bailable offence.

Replying to a nearly six-hour-long debate, Union Home Minister Sushil Kumar Shinde said the Bill enhanced punishment for various crimes against women and for the first time made it a punishable offence for police personnel not to register a First Information Report (FIR). He agreed with suggestions to post at least one woman officer in every police station and also holding in camera inquiry in crimes against women.

At the time of passing the Bill, only 168 members were present in the Lok Sabha and the number swelled to 198 later when voting on some of the amendments took place. However, Congress president Sonia Gandhi, who sat through most part of the lengthy debate, was not present when the House passed the Bill.

Among those absent during the session were Prime Minister Manmohan Singh, Congress vice-president Rahul Gandhi as well as some of the Bharatiya Janata Party stalwarts, including party president Rajnath Singh. Leader of Opposition Sushma Swaraj was present and also supported an amendment, which was negated, to make stalking a non-bailable offence. Many senior ministers were also not present in the House during the debate and voting. Mr. Shinde moved half-a-dozen amendments which were approved by the House.

As many as eight women MPs from different parties participated in the debate, supporting the new anti-rape law and also demanding stringent punishment for acid attacks, adequate compensation and rehabilitation of victims of such attacks. These included Sumitra Mahajan and Saroj Pandey of the BJP, Jayaprada (Independent), Harsimrat Kaur Badal (Shiromani Akali Dal), Shatabdi Roy (Trinamool Congress), Meena Singh of the Janata Dal (United), Priya Dutt of the Congress and Supriya Sule of the Nationalist Congress Party (NCP).

All political parties broadly welcomed the government’s initiative and supported the Bill. Several leaders, including the JD(U)’s Sharad Yadav, Samajwadi Party’s Mulayam Singh and the Rashtriya Janata Dal’s Lalu Prasad, said new laws alone would not be able to control crimes against women and called for changing the mindset of the people, arresting falling moral values and launching a reformist campaign that would educate the people on equal rights, respect and dignity for women.

Apprehension

Mr. Sharad Yadav argued that criminalising stalking and voyeurism could result in false cases being slapped against men. Shailendra Kumar (SP) was critical of the attire donned by women in TV serials and films. His comments invited strong protests from actor-turned-politician Ms. Jayaprada as well as Ms. Meena Singh.

The Lok Sabha voted against life imprisonment for perpetrators of acid attack incidents, rejecting the amendment by a margin of 105-62 and also turned down another seeking to make first-time stalking a non-bailable offence. The House also voted against life imprisonment for child-trafficking.

The demand for a strong anti-rape law gained ground after the Delhi gang rape, on December 16, 2012, of a 23-year-old, who battled for 13 days before succumbing to the grievous injuries inflicted on her. The brutal crime had shocked the nation, triggering protests by youth, women and civil rights groups, who demanded strict laws to deter crimes against women.

“The time has come to send out a loud, clear and deterrent signal that society will not tolerate such errant behaviour,” Mr. Shinde said, moving the Bill.

Initiating the discussion on the Bill, Bhola Singh (BJP) cited several anecdotes from history to point out that new laws alone would not help the cause of women and there was a need to change the mindset and culture.

Supriya Sule (NCP) said the focus of the discussion should be more on the safety of women and members should not mistrust women or fear they would abuse the legislation. She called for reforms in the judiciary and police too.

Others who participated in the debate included S. Semmalai (AIADMK), Nama Nageswara Rao (TDP), Gurudas Dasgupta (CPI), and Asaduddin Owaisi of the AIMIM.

Source: http://www.thehindu.com/news/national/antirape-bill-makes-stalking-acid-attacks-punishable/article4525991.ece

Rape convicts may face a minimum of 20 years in jail

AARTI DHAR, NEW DELHI, March 20, 2013

The Criminal Law (Amendment) Bill, 2013, which was passed in the Lok Sabha on Tuesday, prescribes stringent punishment, including a natural life term, for crimes against women, or even death for repeat offenders of rape. Importantly, it makes stalking, voyeurism and acid attacks punishable offences.

The Bill seeks to replace an Ordinance promulgated on February 3.

The proposed law seeks to amend the Indian Penal Code, the Code of Criminal Procedure, the Indian Evidence Act and Protection of Children from Sexual Offences Act.

Aiming to deter rapes and gang rapes, the proposed legislation states that an offender can be sentenced to rigorous imprisonment for a term not less than 20 years, but which may extend to life, meaning imprisonment for the remainder of that person’s natural life. It also has provisions for handing out the death sentence to offenders who may have been convicted earlier of such crimes.

For the first time, acid attack has been defined as a crime and the Bill also grants a victim the right to self-defence. Those found guilty of the crime will face a minimum 10-year jail term.

The Bill defines and prescribes punishment for stalking, voyeurism and sexual harassment. It seeks to widen the definition of rape, broaden the ambit of aggravated rape and enhance the punishment for these.

As per the Bill’s provisions, hospitals would have to provide immediate first aid and/or medical treatment free of cost to victims of acid attack or rape; failure to do so will attract punishment.

Though it also proposed to fix the age of consent for sex at 16 years, the government moved an amendment to drop this particular clause, as decided at an all-party meeting on Tuesday. The Bharatiya Janata Party, the Samajwadi Party and some other political parties had opposed lowering the age of consent for consensual sex as well as making stalking and voyeurism non-bailable offences as they felt the provision could be misused. They contended that since the age of marriage was 18, the age of consent should be the same. However, according to the Bill, having sex with wife, who is not less than 15 years, will not be considered rape.

Offenders who are from the police, or are public servants, members of the armed forces or hospital management or staff would face a minimum jail term of seven years, with provisions for extension to life imprisonment, and a fine.

The Bill also seeks to amend the Indian Evidence Act to allow a rape victim, if she is temporarily or permanently mentally or physically disabled, to record her statement before a Judicial Magistrate with the assistance of an interpreter or a special educator. It also has provisions for video recording of proceedings.

Source: http://www.thehindu.com/news/national/rape-convicts-may-face-a-minimum-of-20-years-in-jail/article4526782.ece

Anti-Rape Bill: BJP to Make Its Stand Clear on Mar 18

New Delhi: BJP today said it favours a strong anti-rape law but has certain reservations on some of the clauses in the Bill cleared by the Cabinet and will voice them in the all-party meeting here on March 18.

"BJP agrees with most issues stated in the Bill and would like it to be passed. But some sections in the party have reservations on decreasing the age of consent from 18 to 16 years. We will take a final call on these issues after discussing it in the party," a senior party leader said.

Party sources said there is concern that decreasing the age of consent is uncalled for as the minimum age for marriage is 18 years. BJP's core votebank as well as a majority of its leadership is traditional in its thinking and has conservative views on issues like pre-marital sex, they said.

"Decreasing the age of consent may antagonise some of our voters and that need not be tampered with," the party leader said.

The main opposition is not coming out openly with its views and maintains that it will voice them in the all-party meeting after intra-party confabulations.

"The provisions on which there is a consensus can be passed as part of the Bill. A Standing Committee can look at the contentious issues and an amendment can be passed later," another party leader said.

In the currently charged atmosphere prevailing in the country in the aftermath of the Delhi gangrape incident, BJP wants the anti-rape Bill to be passed before the ordinance lapses on April four.

"We are in favour of strong anti-rape Bill. We want the strongest possible punishment for the perpetrators of such crime," BJP leader Venkaiah Naidu told reporters outside Parliament.

"The government for its own reasons first acted in haste and then issued an ordinance and now they want to make changes in the ordinance," he said, adding that the on-going consultations should have taken place earlier.

Source: http://news.outlookindia.com/items.aspx?artid=792512