Mohinder Verma
JAMMU, Mar 24: State Government is going to make laws governing the sexual assault and use of brutal force against women more stringent and State Cabinet, which is meeting under the chairmanship of Chief Minister, Omar Abdullah on Tuesday evening, will accord sanction to the introduction of a bill seeking to amend Jammu and Kashmir Criminal Laws in the State Legislature during the ongoing Budget Session.
Authoritative sources told EXCELSIOR that following the country wide protest and public outcry against incident of gang-rape at New Delhi on December 16, 2012 a need was felt to have a re-look at the existing laws governing the sexual assault and use of brutal force against women.
Accordingly, on the instructions of Chief Minister, Omar Abdullah a committee comprising Advocate General, Secretary, Department of Law, Justice and Parliamentary Affairs, Special Secretary Law and Director Prosecution was constituted to formulate draft amendment on various laws and also invite suggestions from general public.
The committee had a series of meetings to examine and consider the issue having far reaching social and legal implications. After threadbare discussion and on examination of Justice Verma Commission report and the Criminal Laws (Amendment) Ordinance 2013 of the Union Government besides suggestions received from various persons and groups, the committee recommended amendments in the procedural as well as substantive laws on the subject—the Code of Criminal Procedure, the Ranbir Penal Code and Evidence Act.
“The recommendations of the committee are being placed before the Cabinet in the form of draft legislation and after Cabinet’s approval the bill would be introduced in the Legislature for discussion and approval”, sources said.
In response to a question, sources said, “in view of the peculiar conditions of the State and the social/moral fabric of the society, the provisions of the draft bill primarily address the offence of sexual assault against women and children”, adding “the committee has noted that one of the root causes for such heinous crime is the meager penalty prescribed for offences under Section 294 (obscene acts and songs), 354 (assault or criminal force to women with intent to outrage her modesty) and Section 509 (word, gesture or act intended to insult the modesty of a woman) of the Ranbir Penal Code”.
While suggesting widening of the definition of crime under these provisions, the committee has proposed enhancement of the punishment for the same. As against imprisonment of three months under Section 294 RPC (obscene acts and songs), the committee has suggested imprisonment for six months which may extend to three years, sources said.
The committee has suggested that death of a woman by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and indicates that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband should be called dowry death.
Moreover, it has recommended that in case of acid throwing or disfiguring by any other way the punishment should not be less than 10 years but which may extend to imprisonment for life and with fine which may extend to Rs 10 lakh. As against imprisonment of two years under Section 353 (assault or criminal force to women with intent to outrage her modesty), the committee has recommended imprisonment up to five years.
The committee has also suggested that physical contact and advances involving unwelcome and explicit sexual overtures, a demand or request for sexual favours, making sexually coloured remarks, forcibly showing pornography and any other unwelcome physical, verbal or non-verbal conduct of sexual nature should constitute the offence of sexual harassment under Section 354, sources said, adding the panel has mentioned that whoever assaults or uses criminal force to any women or abets such act with the intention of disrobing or compelling her to be naked in any public place should be punished for a period not less than five years which may extend to seven years.
“Watching or capturing the image of a woman engaging in a private act should be punished with imprisonment not less than one year on first conviction and imprisonment for a term not less than three year on second or subsequent conviction”, sources said quoting the committee recommendation, adding “it has also recommended that whoever follows or contacts a woman to foster personal interaction repeatedly despite a clear indication of disinterest by such person or whoever monitors the use by a person of the internet, email or any other form of electronic communication or spies on a person in a manner that results in a fear of violence or serious alarm or distress in mind of such woman should be punished with imprisonment of not less than one year which may extend to three years”.
About the punishment for sexual assault, sources said, “the committee has suggested that whoever commits sexual assault should be punished with rigorous imprisonment of not less than eight years which may extend to imprisonment for life”, adding “the committee has recommended bringing of police officer, public servant, member of the armed forces, management or staff of a jail/hospital, relative/ guardian/teacher under the ambit of definition of whoever”.
The panel has also recommended stringent punishment in case of sexual assault by gang, repeat offenders, sexual assault by husband upon his wife during separation besides laying down detailed procedure for examination of accused, sources said, adding while recommending amendment in Section 509 (word, gesture or act intended to insult the modesty of a woman) of the Ranbir Penal Code the committee has suggested imprisonment for a period of one year extendable to three years as against less than six months extendable to two years at present.
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