The President of India, Pranab Mukherjee on 3 January 2013 agreed to the Criminal Law (Amendment) Ordinance, 2013 for sharpening the laws against sexual assault. The President mandated harsher punishment such as death penalty for the offenders in such cases where the victim either dies or lands into the vegetative state. The amended law would come into force almost immediately.
What does the ordinance include?
The Criminal Law (Amendment) Ordinance, 2013 which is agreed to by the President introduced stalking, voyeurism, acid attacks as well as disrobing of women. These crimes were given the status of specific offences under the Indian Penal Code. The ordinance was approved by Union Cabinet of India on 1 February 2013.
The Criminal Law (Amendment) Ordinance, 2013 comprises of various recommendations from the JS Verma committee as well.
The ordinance is an impact of the Delhi gangrape which took place on 16 December 2012 in a moving bus. The ordinance brought changes to the clauses of already-existing criminal law by making amendments in Code of Criminal Procedure (CrPC), Indian Penal Code (IPC) and the Evidence Act.
How will the Criminal Law (Amendment) Ordinance, 2013 be converted into law?
Even though the nod of the President brought these changed provisions of law in force, but now the Government will also have to get it passed in the Parliament within six months, i.e., by August 2013. The government of India decided to discuss or modify, if required, this ordinance during the upcoming budget session which will begin from 21 February 2013 as well.
The new provisions will be presented in the Parliament as official amendments to the Criminal Law (Amendment) Bill, 2012 that was introduced in December 2012. This is a pending legislation which at present is being examined by the parliamentary standing committee that will meet on 4 February 2013.
Impact of the President’s assent
The main opposition party BJP welcomed this move. However, the women's rights activists were unhappy over these provisions because of refusal of the Government to include marital rape under the definition of an offence and also for not holding the command officers accountable for such offences like rapes.
Going beyond the JS Verma committee
The Criminal Law (Amendment) Ordinance, 2013 goes beyond the recommendations of Justice Verma committee to prescribe capital punishment for those rape cases where victim’s death is involved or under a situation where the victim is pushed to coma. The ordinance considers such cases as rarest-of-rare and so awards capital punishment for it.
Also, the ordinance for such cases prescribed a minimum sentence of 20 years, extendable up to life imprisonment until natural life of a convict.
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