Press Release by Activists on Criminal Law Amendment Bill 2013

The passing of the Criminal Law (Amendment) Bill 2013 in both houses of Parliament is historic and India has taken one step forward in its journey to justice for women. Even as the Bill signals a step forward, the process of its passage shows us that degrading attitudes to women persist at the highest levels of legislative decision-making. With notable and welcome exceptions, the general tenor of debates in Lok Sabha on this Bill has deeply troubled us, as women and as citizens. The nation watched with shame many of our honorable Members of Parliament freely express sentiments that undermined the dignity of all women, unmindful of the gravity of issues of rape and violence. Coming, as this Bill does, after the brutal homicidal gang rape of a young woman in the heart of the nation’s capital, the level of parliamentary debate dishonored her memory, and dishonored the public outpouring led by thousands of our young people demanding greater dignity and more safety for women.

As representatives of women’s rights groups, lawyers and activists from across the country who have worked hard, campaigned for decades, and particularly vigorously in the last three months, to reform laws on rape and sexual assault we, therefore, welcome even more that in such an anti-women environment we have wrested significant gains for women in the CLA Bill 2013, including,

• Denting of impunity enjoyed by police and public servants – Section 166A of the CLA Bill fixes a minimum mandatory sentence for dereliction of duty. No prior sanction under 197 (1) CrPC will be required for public servants charged under this Section. We hope this will be a strong legal deterrent against police dereliction to make our streets and our lives safer.
• Expanded definition of rape beyond peno-vaginal penetration
• Definition of consent and a crucial proviso to Section 375 (Provided that a woman who does not physically resist to the act of penetration shall not be reason only of that fact be regarded as consenting to the sexual activity).
• Inclusion of crimes like forced disrobing, acid attacks and stalking that destroy women’s lives, and can lead to their rape and brutal murders.
• Free, immediate treatment to victims of acid attack and sexual violence to be given by all Health service providers, with penalties for refusal.

At the same time,

• We are deeply disappointed by the widening of the age net for statutory rape to 18 years, when it has stood at 16 years for 3 decades. We are worried that this provision will criminalize our young boys, tainting them as rapists for life, when what we need is discussion and education on issues of sexual contact. We ask Parliament to revisit this provision and to amend it.
• We are disturbed that yet again rape within marriage finds no acknowledgement in the Bill
• Systemic sexual violence against dalit and tribal women is not acknowledged as aggravated rape
• We find it incomprehensible that in a Bill which clarifies that no sanction for prosecution under 197 (1) CrPC is required for public servants charged with sexual offences, a similar clarification regarding 197 (2) CrPC covering armed forces is excluded.
• Why, when all persons can be victims of rape committed by men, does the Bill define the victim as woman only? We urge government and Parliament to revisit the Bill at an early stage, to recognize the reality and vulnerability of transgenders and men to sexual abuse by other men, and amend the definition of victim to make it ‘person’.

 We now ask Government to take the next step towards comprehensive reforms outlined in the Justice Verma Committee report, and amend the Armed Forces (Special Powers) Act, 1958 and the Representation of People Act, 1951 to erase immunity and instill accountability across all institutions.

Finally, we call upon the government, upon all political parties and all citizens to join us in continuing this journey to justice and equal rights for women, and in vigorously implementing these laws we have fought so long and so hard to get.

Source: Via Facebook: by Kavita Krishnan (Notes) on Saturday, March 23, 2013 at 11:10pm

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

India passes rape law that sets age of consent at 18

By Mark Magnier

March 21, 2013, 9:45 a.m.

REWARI, India -- India passed anti-rape legislation Thursday that included a controversial provision setting the age of sexual consent at 18.

Reformers argued the law, which was passed in a hurried response to public anger over the fatal mid-December rape of a 23-year old physiotherapy student, should set the age at 16 to prevent wrongful arrests in a changing society.

However, conservatives prevailed, fearful a lower age would encourage premarital sex and undermine Indian morality.

The wide-ranging new law also makes stalking, voyeurism, acid attacks and forcibly disrobing a woman explicit crimes for the first time, provides capital punishment for rapes leading to death and raises to 20 years from 10 the minimum sentence for gang rape and rapes committed by a police officer.

The law doesn’t address marital rape, rape committed by the armed forces or rape against men.

The statute, which takes effect once the president signs it, replaces an anti-rape ordinance that was to expire April 4.

"We have tried to bring in a strong law, which is pro-women and will act as a deterrent," Home Minister Sushil Kumar Shinde told lawmakers Thursday.

The age of consent was fixed at 16 from 1983 until February, when a stop-gap ordinance pushed it up to 18. “Takes Age of Consent Back 30 Years,” said a headline in the English-language DNA newspaper.

Critics say the higher age opens the way for abuses in a society where parents frequently file rape and kidnapping charges against boys who have consensual sex with their daughters, often leading to jail time for the boys or quickly arranged marriages for the girls to “protect their honor.”

In India, there’s often a disconnect between law and practice. The legal marriage age is 21 for men and 18 for women, for example, but 47% of Indian women marry younger than 18, according to a 2012 UN report, more frequently than in Afghanistan or Sudan.

“All these so-called traditional-value people have no problem when children are forced into marriage by their parents,” said Nandita Rao, an attorney. “But they want to criminalize consensual sex. It’s hypocritical.”

Source: http://www.latimes.com/news/world/worldnow/la-fg-wn-india-rape-law-18-20130321,0,3586020.story

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