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The quest for justice for Amanat has led us to share our thoughts on how to strengthen the system so that no one else has to face the barbarity EVER AGAIN. The approach needs to be comprehensive and needs to focus on the following aspects Governance Provisions o Broaden the definition of rape from its current definition of peno-vaginal penetration to include all types of penetration including objects, digits, foreign bodies in any orifices and assault of any kind which is sexual in nature which includes stripping, parading, mutilation etc and /or uses criminal force. The definition of rape needs to factor in one fundamental truth, and that is, it violates a womans fundamental right to equality and dignity o Sexual Violence should be defined within the contemporary human rights language o Any legislative reform on sexual violence must ensure that the Vishaka Law is implemented in letter and spirit without any effort by the Government to dilute the innovative elements. o Provide legal aid to the complainants o Since sexual assault violates a womans fundamental right to equality and dignity, the state compulsorily has to provide Exemplary Compensation for the physical, mental, emotional, well-being and economic loss suffered by the complainant. It is imperative that effective counselling should be provided to the complainant to overcome the trauma. o Time bound disposal of sexual assault cases. Maximum of 3 months per court of appeal. o Train civic bodies to understand concept of security in public spaces. o Crime of sexual assault to be considered a spectrum or continuum and graded as per the seriousness and aggravating circumstances. As per the grade, minimum punishment should be for seven years and maximum for life imprisonment (solitary confinement with no parole). o Introduce stringent laws for stalking. o Bring concept of world class street-lighting, CCTVs across cities, especially in economically weak areas of the city. o CCTVs and GPS should be mandatorily installed in buses. o Public transport operators should be given permits only when the governing bodies certify the worthiness of the operator in terms of safety and security. o "Gender equality education" at all levels of the justice system should be made mandatory The scope includes health, law enforcement, judges, lawyers, medico-legal support, civil society etc. Gender sensitivity during trial is a must along with a sensitive method of investigation. Training of judges on laws relating to gender violence is important and should be achieved by means of continuous training and procedure manuals. Enabling Provisions o This would include incentivising good behaviour (e.g. introduction of the Good Samaritan Law). o Dont stigmatise the complainant, stigmatise the perpetrator. o Make complainant gender neutral but perpetrator of violence has to be gender specific i.e. male o Focussed and continuous attempts to sensitise the politicians, judiciary, police and the public at large.
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S. No 1
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Whoever throws or attempts to throw acid on any person or attempts to administer acid to any person, with the intention of causing permanent or partial damage or deformity or burns or maiming or disfigurement or disability or grievous hurt to that person shall be punished with imprisonment of either description for a term which shall not be less than five years but which may extend to seven years and shall also be liable to fine
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S. No 3
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Section Sec 354 (Assault or criminal force to woman with intent to outrage her modesty)
Proposed Amendment in Parliament In section 354 of the Penal Code, for the words shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both, the words shall be punished with imprisonment of either description for a term of one year which may extend to five years and shall also be liable to fine which may not be less than one thousand rupees shall be substituted
Addendum: The above provisions would apply for cases where other objects are used with the same intent as that of throwing acid 4 3 Sec 375 A person is said to commit sexual To include clause (d) as below (Definition of assault if that person Undressing a woman Sexual (a) penetrates, for a sexual purpose, the forcefully (without her will) Assault) vagina or anus or urethra or and parading her naked mouth of another person with publically. (i) any part of the body including the penis Clause (e) would also include of such person; or ejaculation on any part of the (ii) any object manipulated by such body of the complainant person, except where such penetration is (since ejaculation is the carried out for proper hygienic or medical ultimate act of sexual purposes; intercourse, actual (b) manipulates any part of the body of intercourse is immaterial ): another person so as to cause Refer to the case of Koppula penetration of the vagina or anus or Venkat Rao vs State of AP urethra or mouth of such person by any (March 10, 2004) part of the other persons body; Marital Rape to be included (c) engages in cunnilingus or fellatio in the definition. The clause Exception: Sexual intercourse or of age should be dropped. sexual acts by a man with his own Exception to be dropped. wife, the wife not being under sixteen years of age, is not sexual assault Attempt to rape would invite the relevant clauses under IPC (376/511) 5 3 Sec 376 (1) Punishment Whoever, except in the cases provided for (Punishment by sub-section (2), commits sexual Min 14 years to life for sexual assault shall be punished with imprisonment based on the assault) imprisonment of either description for a severity of the crime term which shall not be less than
January 5, 2013
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S. No 6
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Proposed Amendment in Parliament (a) being a police officer, commits sexual assault (i) within the limits of the police station to which such police officer is appointed; or (ii) in the premises of any station house; or (iii) on a person in such police officers custody or in the custody of a police officer subordinate to such police officer; or
January 5, 2013
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Explanation 1.For the purposes of this sub-section, (a) womens or childrens institution means an institution, whether called an orphanage or a home for neglected women or children or a widows home or an institution called by any other name, which is established and maintained for the reception and care of women or children; Addition of Explanation 3
Sec 376 A (Sexual assault by husband upon his wife during separation)
Whoever commits sexual assault on his own wife, who is living separately under a decree of separation or under any custom or usage, without her consent, shall be punished with imprisonment of either description, for a term which shall not be less than two years but which may extend to seven years and shall also be liable to fine
Explanation 3: In case of rapes during events like riots etc, the responsibility will be that of the police To be treated as an assault case like Sec 376(1). The suggestions are as below Punishment Min 14 years to life imprisonment based on the severity of the crime For extremely aggravated sexual assault cases, there will be solitary confinement with no option of a parole. The word fine should be replaced with the words EXEMPLARY COMPENSATION. The min compensation in any case would be INR 50 Lacs Rehabilitation Bearing the full cost of rehabilitation (This would include all attendant surgeries, hospitalisation etc.) The compensation needs to be paid within 30 days of the final judgement. 50% of the compensation needs to be deposited immediately Final Liability In case the perpetrator is unable to bear the costs, the STATE shall be liable to pay the entire
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S. No 9
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Suggested Amendment Shall be recorded at all times by a woman police officer. In the absence of a woman police officer, the SP/DCP have the responsibility of ensuring the presence of one.
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Sec 166 A
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In section 160 of the Code of Criminal Procedure, in sub-section (1), in the proviso, for the words under the age of fifteen years, the words under the age of eighteen years or above the age of sixty-five years shall be substituted
Cognizable and non Bailable. Min imprisonment of 1 year and a max of 3 year plus fine. Replace 65 years with 60 years
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