Former chief justice of India JS Verma speaks on laws for sexual crimes

[basanti<<<]

New Delhi

: A commission to look at India's laws for sexual crimes after a medical student's gang-rape in Delhi last month has submitted its report to the Home Ministry. Former chief justice of India JS Verma, who headed the commission, is addressing the media. Highlights:

• Much to learn from the youth, not possible to name everyone who contributed.
• Young people are the real hope. They have taught the older generation.
• It was the young men who were conscious that this gender inequality has to be done away with.
• Even when there was provocation, they did not react and continued to maintain calm.
• It was humbling experience for all of us who are of an older generation.
• The kind of satisfaction I have had in being involved in this exercise is not matched by anything else.
• Acknowledge some people from foreign countries who volunteered and helped. I myself can't believe how this was possible and done in 29 days. (Names professors from Oxford, Harvard etc who worked on this, including CJ of Canadian Supreme Court, Australian Judges)
• The entire office of former Solicitor General Gopal Subramanium turned into an office for the committee. He did not spend a single minute in carrying on with his normal professional duties.
• Data collected was phenomenal; we had over 80,000 responses.

[basanti<<<]

The committee engaged in in-depth global research, analysed past judgments and public policies.

The constitution of this committee is in response to the peaceful countrywide outcry by the youth.

The committee hopes the urgency shown by the government is setting up this panel will not go in vain with time.
The urgency of the matter impelled the committee to finish the task within the timeframe.

We hope the Parliament will take the legislative suggestions given by the committee. If we could accomplish what we did in 30 days, the govt should be able to do the same.
We marvel at the extensive research done to collect extensive material in such a short span of time. Women, gender and social groups came forward with valuable suggestions.

The measures already taken show that with existing laws how much more can be done and could have been done.
Societal deficiency has to be overcome by the leaders of society by changes in education, etc.
Failure of good governance is the root cause of such incidents.

Workmen should improve work culture without complaining about the tools - mere additions to the statute book will not help.
The committee concluded with fervent hope that the urgency with which it was constituted does not fade with the submission of the report.
Positive response to the tragedy which triggered the government to take up this task will be the tribute to the victim.

Merely addressing the end stage of rape is not enough. We have to address from the initial stages to protect women from sexual harassment.
Rape, sexual assault, eve-teasing and stalking are matters of serious concern, which are being tolerated by the society.

[basanti<<<]

it is not only the state's responsibility, it is the fundamental responsibility of every citizen of India. That is why we have gone into issues like child labour and trafficking.
The right to be protected from sexual harassment and assault is guaranteed by the Constitution - buttressed by directive principles of state policy.

Duty of the state is to provide a safe environment to women and failure to do this renders it accountable.

States' role is not just to punish criminals but to prevent crimes against women.
The state is responsible for any inaction that may cause or violate human rights. (Refers to need for police reforms)

[basanti<<<]

In the absence of faithful implementation of laws, the laws remain mere rhetoric.

The least I would have done was to seek an apology for failure to protect citizens whose safety was entrusted to me.
What is needed is sensitivity. It is most important.


The mechanism of law enforcement has to be supported by the civil society.

Equally shocking was that large number of people passed by and no one offered help (the medical student).

Total apathy of everyone who had a duty to perform.

I was shocked to see the Delhi police commissioner getting a pat on his back by the Home Secretary.

[basanti<<<]

Got lukewarm responses from some behind setting up of the committee. Got no response from DGPs.

Achieving equality of women has to be a joint effort of the individual and the state.

The actions of those in authority have been in conflict with constitutional theory.

[basanti<<<]

Failure of governance behind crimes against women: Justice Verma

New Delhi: The Justice JS Verma Committee, constituted to suggest amendments to laws relating to crimes against women, on Wednesday submitted its report to the Home Ministry.

The three-member committee was set up a week after the horrific December 16 gang-rape of a para-medical student in Delhi which shook the entire nation and led to widespread protests.

Addressing the press after submitting the report, Justice Verma said the youth of the country have shown the way and contributed most towards change.

“We are greatly indebted to the youth... but for them the issue would not have come out,” Justice Verma said.

“They have protested in a mature manner. I was struck by the peaceful manner in which people not known to each other protested. I won’t call it a movement but spontaneous protest.”

“The youth have taught to us, the older generation, something which we were not aware,” Justice Verma added.
He said the committee received suggestions not only from within India but also from outside the country. Among the contributors were professors from the Oxford and Harvard Universities, a judge from Australia and the Chief Justice of the Canadian Supreme Court.

“The committee acknowledges that some people from foreign countries volunteered and helped. I myself can’t believe how this was done in 29 days,” he told reporters.

Justice Verma said in response to the Home Ministry’s public notice on the direction of the Committee, nearly 80,000 responses were received.

The youth of the country is aware, this is just beginning of real change and I am sure it will pick momentum: Justice Verma

Justice Verma also rued the lukewarm responses received from the ministries, states and the Centre.

He said the committee engaged in in-depth global research, analysed past judgements and public policies before finalising the report. He lauded the extensive research done by the lawyers.

Justice Verma further said the urgency of the matter impelled the committee to finish the task within a timeframe of 30 days.

[basanti<<<]

What the Verma report said of laws about marital rape, acid attacks, trafficking




In addition to making general recommendations to curb the rising number of cases of crimes against women, the 631 page report prepared by the three member committee headed by Justice JS Verma made many specific recommendations to amend the Criminal Law (amendment) Bill, 2012, which was tabled in the Lok Sabha on 4 December, 2012.
Here are some of them:

Definition of rape:
According to the Committee, section 375 of the Indian Penal Code should be amended to broaden the definition of rape to include penetrating the vagina with any part of the body or any object or manipulation of any part of the body of a person so as to cause penetration of the vagina, except where such penetration is carried put for proper hygienic or medical purposes.
Consent in such cases will not be presumed in the event of an existing marital relationship between the complainant and the accused, recommended the Committee.
No physical resistance to the act of penetration cannot be regarded as consent to the sexual activity, said the report, touching upon the subject if what would comprise of content in acts of sexual nature.

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Punishment for rape:
The offence of rape should be punished with a minimum of ten years of rigorous imprisonment but which may extend to life imprisonment (where life means the rest of the life of the offender). The offender shall be liable to pay compensation to the victim which shall be adequate to meet at least the medical expenses incurred by the victim.
If the rape victim dies or goes into a vegetative state due to injuries caused during rape, the offender shall be sentenced to minimum of twenty years of rigorous imprisonment which can be extended to life.
If a person in authority/ public servant/ fiduciary relationship abuses such position to induce any person in their custody to have sexual intercourse with them, the act not amounting to rape, shall be punished with at least five years rigorous imprisonment.
In cases of gang rape, each offender of gang rape, regardless of their gender, shall be sentenced to at least twenty years rigorous imprisonment which can be extended to life.
If the gang rape leads to the victim’s death or leaves the victim in a vegetative state, each offender shall be punished with imprisonment for life.
Sexual intercourse with an underage person (below 16 years of age) shall be deemed rape, and shall be punished with rigorous imprisonment not less than ten years, but which may extent to life imprisonment.
In prosecution for rape or gang rape where sexual intercourse by the accused is proved and the victim states that he/ she did not consent, the court shall presume that he or she did not consent.

[basanti<<<]

Trafficking:
Imprisonment ranging between seven and ten years for trafficking a person; at least ten years rigorous imprisonment for trafficking more than one person; ten years RI which can be extended to life for trafficking of a minor; 14 years RI which can be extended to life when the offence involves trafficking of more than one minor at the same time.

[basanti<<<]

Acid attacks:

Acid attacks causing permanent or partial damage to the body of the victim shall be punished with a minimum of ten years RI but which may be extended to life.

The offender shall also be liable to pay compensation to the victim adequate to meet at least the medical expenses incurred by the victim. For the purpose of this clause, the damage or deformity need not necessarily be irreversible

[Gudu Gudu Returns]

What the Verma report said of laws about marital rape, acid attacks, trafficking




In addition to making general recommendations to curb the rising number of cases of crimes against women, the 631 page report prepared by the three member committee headed by Justice JS Verma made many specific recommendations to amend the Criminal Law (amendment) Bill, 2012, which was tabled in the Lok Sabha on 4 December, 2012.
Here are some of them:

Definition of rape:
According to the Committee, section 375 of the Indian Penal Code should be amended to broaden the definition of rape to include penetrating the vagina with any part of the body or any object or manipulation of any part of the body of a person so as to cause penetration of the vagina, except where such penetration is carried put for proper hygienic or medical purposes.
Consent in such cases will not be presumed in the event of an existing marital relationship between the complainant and the accused, recommended the Committee.
No physical resistance to the act of penetration cannot be regarded as consent to the sexual activity, said the report, touching upon the subject if what would comprise of content in acts of sexual nature.

Punishment for rape:
The offence of rape should be punished with a minimum of ten years of rigorous imprisonment but which may extend to life imprisonment (where life means the rest of the life of the offender). The offender shall be liable to pay compensation to the victim which shall be adequate to meet at least the medical expenses incurred by the victim.
If the rape victim dies or goes into a vegetative state due to injuries caused during rape, the offender shall be sentenced to minimum of twenty years of rigorous imprisonment which can be extended to life.
If a person in authority/ public servant/ fiduciary relationship abuses such position to induce any person in their custody to have sexual intercourse with them, the act not amounting to rape, shall be punished with at least five years rigorous imprisonment.
In cases of gang rape, each offender of gang rape, regardless of their gender, shall be sentenced to at least twenty years rigorous imprisonment which can be extended to life.
If the gang rape leads to the victim’s death or leaves the victim in a vegetative state, each offender shall be punished with imprisonment for life.
Sexual intercourse with an underage person (below 16 years of age) shall be deemed rape, and shall be punished with rigorous imprisonment not less than ten years, but which may extent to life imprisonment.
In prosecution for rape or gang rape where sexual intercourse by the accused is proved and the victim states that he/ she did not consent, the court shall presume that he or she did not consent.

[gracefulguy]

No to capital punishment and no to chemical castration..........?????

[basanti<<<]

No to capital punishment and no to chemical castration..........?????

no capital punishment ... but life term means full life behind bar ,,,,,,

[gracefulguy]

no capital punishment ... but life term means full life behind bar ,,,,,,

250,000 cases rape ke........poore saal bhar mien hue......govt ki bhi prob hai.......itne logo ko rakhoge kahan ???

[basanti<<<]

250,000 cases rape ke........poore saal bhar mien hue......govt ki bhi prob hai.......itne logo ko rakhoge kahan ???

The dark knight rises movie ki terah sookhe hue wells main cells banwa diya jaye inke liye ,,