Wednesday, January 23, 2013

Verma Committee & Criminal Law Amendment Bill

Union Home Ministry constituted this 3 member committee in the wake of the brutal gang-rape of a Delhi medical student,  under the chairmanship of Retd. justice J.S. Verma to look into the amendments proposed in criminal law bill in general and crimes against women in particular.

Committee --> Recommendations


  • On Rape 
    • Redefine rape in IPC sec 375
    • No to Death Penalty in case of rape charges
    • Minimum sentence for a rapist should be increased from 7 to 10
    • Maximum imprisonment to stay at "Life Imprisonment" which will always mean till one's death
    • "Two Finger Test" should not be conducted on rape victims. Medical examination should be done by a board of 3 doctors to ensure consensus under the supervision of a senior female gynecologist. Deliberations of the board must be recorded in audio to help the court
    • DNA and other samples should be sent to forensic lab within two days
    • Medico-Legal Reports should be sent electronically by PDFs, digital signatures etc.
    • Judges should be 'sensitized' and CJ should choose those who will try these cases, carefully.
  • Juvenile Crime
    • Age of juveniles should not be lowered from 18 to 16 (coz Juvenile Justice Act has failed - But why?)
    • A new constitutional authority like CAG to deal with education and non-discrimination of women and children
  • AFSPA - 
    • Continuance of AFSPA should be reviewed in the context of providing legal services to women in conflict areas
    • The Committee has criticised lack of reformatory and rehabilitation policies in jails and juvenile homes.
  • Khap Panchayats - condemned and termed as 'extra constitutional'
  • Electoral Reforms - 
    • Representation of People Act, 1951 has to amended
    • Tougher measures for MPs and MLAs convicted for crime
    • Election commission has sent a proposal to the Parliament
  • Insulate law making agencies from political or other influences
  • Appoint retd. judges on ad-hoc basis to clear backlog from time to time
  • On Sexual Harassment Bill - 
    • A separate tribunal outside
    • No compromise
    • Till the case is disposed of, both should not be made to work together
    • The Bill allows the employer to penalize false or malicious complaints

More -
http://www.thehindu.com/news/national/juvenile-justice-act-has-failed-miserably/article4337040.ece
http://www.thehindu.com/news/national/the-youth-have-shown-the-way-says-justice-verma/article4337052.ece
http://www.thehindu.com/news/national/dont-allow-armymen-to-take-cover-under-afspa-says-verma/article4337125.ece
http://www.prsindia.org/theprsblog/?p=2527

Usha Mehra Commission

set up to 
  • inquire into various aspects of the shocking attack in Delhi
  • suggest measure for safety and security of women, particularly in Delhi and NCR. 

Criminal Law (Amendment) Bill, 2012

  • Introduced in LS by HM and is currently being examined by select committee on 
  • Bill seeks to amend 
    • IPC, 1860 - 3 new offences
    • CrPC, 1973
    • Evidence Act, 1872
More -
http://www.indianexpress.com/news/stalking-eveteasing-to-be-part-of-new-law-against-sex-offenders/1060384/
http://www.prsindia.org/billtrack/the-criminal-law-amendment-act-2012-2552/


Criminal Law (Amendment) Ordinance, 2012

Prez issues on Feb 3, 2013. 
Issuing Ordinance is not a discretionary power of the Prez
It has effected some provisions of the proposed Criminal Law (Amendment) Bill, 2013.

Provisions - 


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