The lok Sabha on Tuesday passed the Criminal law (Amendment) Bill-2013, popularly known as Anti-Rape Bill, which provides for life term or even death for repeat offenders of rape and stringent punishment for various offences like stalking, voyeurism and acid attacks.
Brought against the backdrop of the countrywide outrage over the December 16 gang-rape in Delhi, the Bill left the age of consent for sex at 18 years after Opposition parties like the BJP, SP and others objected to the move to reduce the age of consent to 16.
The Bill will replace an Ordinance promulgated on February 3, which is set to expire on April 4. The Bill 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.
“Time has come to send out a loud, clear and deterrent signal that society will not tolerate such errant behaviour,” said Home Minister Sushilkumar Shinde, underlining that the Bill was being brought to plug loopholes in the law.
With an aim of providing a strong deterrent against rapes and gang-rapes, the Bill states that an offender can be sentenced to rigorous imprisonment for a term which shall not be less than 20 years, but which may extend to life, meaning imprisonment for the remainder of that person’s natural life and with a fine.
It has provisions for handing out death sentence to offenders who may have been convicted earlier for such crimes.
The Bill, for the first time, defines stalking and voyeurism as non-bailable offences if repeated for a second time.
Perpetrators of acid attacks will attract a ten-year jail term.
Shinde said the Bill has provisions for allowing rape victims and witnesses to use the services of interpreters or special educators for recording statements.
Shinde also agreed with the suggestion of some members that women officers should be posted at every police station. He said efforts were being made to induct more women into the police force under the police modernisation programme.
The Bill defines acid attack as a crime and also grants a victim the right to self-defence. It also has provisions for awarding a minimum ten-year jail term for perpetrators of the act.
B Mahtab (BJD) had moved an amendment to provide for life term for perpetrators of acid attacks. He pressed for division of votes, giving the Government some anxious moments as Shinde, who is also leader of the House, was seen reaching out to the leader of the Opposition Sushma Swaraj, apparently to ask her about the BJP’s stand on the issue. later, the amendments were defeated 105-62.
The Government was again on tenterhooks when Tathagat Satpathy (BJD) pressed for division on a clause dealing with stalking, which he wanted to be made a cognizable offense. Swaraj supported him citing the case of former Haryana Minister Gopal Kanda, who is accused of abetting the suicide of an employee in his firm and her mother by stalking the woman.
Shinde said the decision to keep the offence non-bailable was taken by consensus at an all-party meeting. Confusion ensued as Sathpathy pressed for division. He was agitated as the Speaker moved on to the next clause and was about to stage a walkout but was stopped by Gurudas Dasgupta (CPI) and Mahtab.
Shinde said the new sections to prevent stalking and voyeurism were introduced following a strong demand from women’s organisations. The Bill also provides that all hospitals shall immediately provide first aid and medical treatment, free of cost to the victims of acid attacks or rape, and failure to do so will attract punishment.
It also has provisions for a minimum imprisonment of seven years, which may extend to imprisonment for life and a fine, for offenders who might be in the police force, a public servant, a member of the armed forces or management or the staff of a hospital.
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 to videograph the proceedings.
Initiating the discussion on the Bill, Bhola Singh (BJP) cited several instances from history to drive home the point that bringing laws alone would not help the cause of women and there was need to change the mindset and culture.
Sandeep Dikshit (Cong) said there is no clarity in the law on how to deal with a 17-year-old boy who commits a sexual crime against a 17-year-old girl.
Sumitra Mahajan (BJP) said a strict law should be passed to protect women from sexual violence. She, however, cautioned against the possibility of its wide misuse. Citing certain incidents of misuse of the existing law in her lok Sabha constituency, Indore, Mahajan said: “Provisions should be there in the law to prevent its misuse.”
She asked the Government to omit marital rape from the legislation to protect the institution of marriage.