Delhi gangrape: Need effective law to protect women, says Chidambaram

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Express news service :New Delhi, Feb 04 2013, 15:02 IST
P Chidambaram.jpg
the legislative process enshrined in the Constitution," Chidambaram said.

Asked about demands for amending the Juvenile Justice Act to bring down the age limit of the offender, the minister said a consensus would have to be arrived at on it and that would require a separate bill.

He said there is no consensus yet on demands for amending Armed Forces Special Powers Act (AFSPA).

"The Juvenile Justice Act is a separate law. Whether the age should be reduced, whether it should reduced for certain kinds of offences, what you call heinous offences, is a matter that has to be considered very carefully and within the permissible limits of the Constitution," Chidambaram said, adding the government would approach Parliament on the issue, if necessary.

He said due to a lack of consensus on issues of marital rape and harassment at workplace, these have not been incorporated in the ordinance.

The minister said since a criminal law can only be applied prospectively, the ordinance will not be applicable to the December 16 Delhi gangrape case but its provisions on procedural law will help in "quicker completion of the trial".

He maintained that the ordinance was needed as the matter relating to crime against women could "brook no delay" and only an ordinance could establish a law immediately while passage of a Bill would take time.

The ordinance has incorporated some provisions of the Criminal Law (Amendment) Bill, 2012 which is with the Standing Committee on Home Affairs, the minister said. The Committee's recommendations will be included in the Bill

... contd.

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Reader's Comments (6)| Post a Comment

will it really deter ?

KS Raghunathan | 04-Feb-2013Reply | Forward
Mr Chidambaram say, the ordinance would deter criminals. Most rapists such as those in the Delhi Gang-rape case are uneducated and would not have any clue about the ordinance. Its enactment would hopefully deter "potential rapists" amongst the educated.

Mr

Rasik | 04-Feb-2013Reply | Forward
While certainly the Judges would apply their mind and hand a suitable judgement in this most Heinous of Crimes it is hoped a particular sentence by a Police Officer is taken into account who states something close to this - One of the Rapists got very angry and lost control when the Victim bit him - For this a extra 10 years in the overall sentencing should be handed out as this "Getting angry" is made out to be a divine right or what a Freedom fighter feels when his country is attacked - This observation obliquely or tangentially is referred by many as a support to the Perpetrator of the Crime as MAY BE THE VICTIM should have submitted-

Stricter laws? - more important to have true justice

Sam | 04-Feb-2013Reply | Forward
we keep talking of stricter punishment by having more draconian laws. The problem with having stricter laws is that there should be adequate controls that the laws are applied correctly. No One seems to be bothered about that. Mob justice or justice by popular will is not what India should be headed to. We dont want officially sanctioned lynchings just because a group of people want it ! Let me make it very clear. I'm all for punishing the guilty, my point here is that laws have to be implemented fairly. Even the existing laws are misused all the time. The system is easily corrupted by money and other considerations. A law allowing for draconian punishment can, in the wrong hands lead to travesties of justice.

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