MP House passes bill on death for rape of girls aged up to 12

Agencies
December 5, 2017

Bhopal, Dec 5: Madhya Pradesh may soon become the first state in the country where raping a girl aged 12 years or less could invite death penalty, with the state Assembly on Monday passing a bill to this effect.

The landmark legislation, passed unanimously by the House, also provides for tougher punishment for stalking a woman and some other offences against them.

The Penal Law (Madhya Pradesh Amendment) Bill-2017, introduced by Minister for Law and Legislative Affairs Rampal Singh, was passed after a debate during which some Congress members voiced apprehension over tougher sentence for stalking, insisting cases may be registered against innocent people to settle personal scores.

The bill introduced a section--376 (A) (A)--to the Indian Penal Code (IPC) under which a person convicted of raping a girl aged 12 years or below may be awarded death penalty, life imprisonment or a minimum imprisonment of 14 years with a fine.

Similarly, section 376 (D) (A) was introduced for gang-rape with girls up to 12 years of age. The convict under this section may be awarded capital punishment, life imprisonment or a minimum of 20 years in jail, besides a fine.

Under both the sections, the convict awarded life sentence will have to remain in jail till death.

The bill also amended the IPC section 493 (A) (cohabitation caused by a man deceitfully inducing a belief of lawful marriage), under which a person could be jailed up to three years for establishing sexual relations with a woman on the pretext of marrying her.

The legislation provides for a minimum imprisonment of 3 years that may be extended up to 7 years for people caught stalking a woman or a girl for a second time and convicted for committing the offence. The amendment to section (354 D) relating to stalking says those convicted will also have to pay a minimum fine of Rs 1 lakh. The first time offender will face jail term up to 3 years in addition to fine.

Similarly, the second time offender in cases under section 354 (B) (assault or use of criminal force to woman with intent to disrobe) of the IPC would face a minimum punishment of 7 years in jail which may extend up to 10 years, besides a minimum fine of Rs 1 lakh.

For the first time offender, the punishment is between 3 and 7 years of imprisonment in addition to fine.

Except for the first time offence under section 354(D), all offences would be cognisable and non-bailable.

During the debate, some Congress MLAs, including Ramnivas Rawat and Govind Singh, voiced apprehension about possible misuse of some of the provisions. They said some women may file a stalking case to settle a personal score.

They said the perpetrators may kill the victim after raping her in an attempt to destroy evidence out of fear of severe punishment.

Chief Minister Shivraj Singh Chouhan assured the members that the government would take appropriate measures if these provisions were misused.

Chouhan said smartphones and Internet are spreading vulgarity among children.

The chief minister said girls are vulnerable to sexual assault from people known to them, with acquaintances and family members being involved in 98 per cent of the rape cases.

The bill was later passed unanimously.

It will now be sent to the President for his assent before it become a law.

"It was a historic day for Madhya Pradesh as the state Assembly, as per the wish of Chief Minister Shivraj Singh Chouhan, passed a bill making a provision to award capital punishment to those indulging in such crimes (raping girls aged 12 or below)," Singh said.

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News Network
November 12,2024

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The Palestinian Hamas resistance movement says its fighters have killed at least 20 Israeli soldiers in northern parts of the besieged Gaza Strip in just two days, in retaliation for the occupying regime’s genocidal war on the Palestinian territory.

In a statement on Monday evening, Hamas said that fighters of its military wing, al-Qassam Brigades, “killed at least five occupation soldiers” in northern parts of the coastal territory earlier in the day.

It added that Hamas fighters also killed 15 Israeli soldiers in the war-ravaged region on Sunday.

The resistance movement’s “qualitative operation … confirms once again the failure of the criminal Zionist entity to suppress and eradicate the Palestinian resistance, which continues to direct qualitative strikes against its terrorist soldiers,” Hamas further said on its Telegram channel.

Palestinians have increased their resistance operations in the face of intensified Israeli aggression in northern Gaza that has claimed the lives of more than 1,000 over the past weeks.

“Our valiant resistance is waging a war of attrition with the criminal enemy, inflicting daily losses on its soldiers and vehicles, and all of [Israeli prime minister Benjamin] Netanyahu’s bets and dreams of achieving any of his goals are failing,” the Gaza-based resistance movement added.

Hamas also vowed that Israel’s ongoing crimes and aggression against Gaza would be met with increased resistance and painful strikes, which will continue until the aggression against Palestinians ends and the regime fully withdraws from the blockaded territory.

As the war in Gaza enters its 14th month, the Health Ministry reports that Israeli attacks have killed at least 43,603 Palestinians and wounded 102,929 others.

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News Network
November 12,2024

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Mysuru, Nov 12: Zameer Ahmad Khan, the Tourism and Waqf minister of Karnataka, who stirred a controversy by addressing the Union Minister HD Kumaraswamy as ‘Kaala Kumaraswamy’ has tendered apologies for his remarks.

Speaking to reporters in Mysuru on Tuesday, Minister Zameer stated that he will apologise if remarks have hurt JD-S workers.

“We both are very close. Then, in a total of 24 hours, we were together for 14 hours. He used to fondly address me as “kulla” (shorty) and I used to address him as “kariyanna” (blacky, kaalia),” Minister Zameer stated.

“I am not addressing him as ‘kaalia’ for the first time. I have not said something highly derogatory. It is being made as big in the backdrop of elections. With love, he used to call me a shorty and I called him a blacky. If I had caused pain to anyone by my words I apologise,” he said.

He further stated: “Kumaraswamy had said that he didn’t want the votes of the Muslim community. But now they are attempting to purchase Muslim votes. Against this backdrop, I have made the remark.”

Minister for Home G. Parameshwara stated on Tuesday, “Minister Zameer and Kumaraswamy are close friends. Their comments against each other are not significant.”

Zameer Ahmad Khan, the Tourism and Waqf minister of Karnataka stirred a controversy on Monday as he addressed the Union Minister as ‘Kaala Kumaraswamy’.

JD-S on Tuesday demanded a public apology and resignation of Minister for Waqf and Tourism Zameer Ahmad Khan over his ‘racist’ remarks.

“Remember, there is no place here for your divisive policies. You have insulted the people by making ethnic, racist and discriminatory statements. You should apologize to the people of the state and resign,” the JD (S) demanded in the post.

Union Parliamentary Affairs and Minister for Minority Affairs Kiren Rijiju reacted sternly to the racist jibe and stated, “I strongly deplore Congress Minister Zameer Ahmed calling Union Minister and former Chief Minister of Karnataka Kumaraswamy as 'Kaalia Kumaraswamy'.

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November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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