Nibhaya Act - Social legislation power point presentation

Law

1. Nirbhaya Act 2013 or Criminal Law (amendment) act 2013

2. Background The statute was enacted, after a girl was brutally raped and murdered in December 2013. The issue spread like wildfire and nation-wide protests were organised and questions were raised regarding women's safety. The Justice Varma Committee was also formed to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women. The amendment bill was passed in march of 2013. The bill amended Indian Penal Code, Indian Evidence Act, and Code of Criminal Procedure. The act was primarily an ordinance.

3. The criminal law (amendment) act 2013 The act, as already mentioned, was an ordinance which was later passed as an act by the parliament in march of 2013. These amendments added new perspectives to sexual abuse. It added new Jargons and acts that were, until then, not properly defined as a sexual offence, these are as follows Acid attack Sexual harrasment Voyeurism Stalking The amendment also widened the definition of rape, it also defines consent-it should be an unequivocal agreement to engage in a particular sexual act, furthermore, no resistance does not imply consent

4. Changes in CrPC and Evidence Act Major changes includes the process of evidence collection being more victim friendly, this also includes the collection of statement from victims. But major headway was made through two specific changes, these are ‘Character of the victim’ has been rendered as completely irrelevant The presumption of ‘No consent’ stands if sexual intercourse is proven and the victim states in the court that they didn't consent.

5. Justice Verma Committee 2013 Constituted as a knee jerk reaction to the nation wide protest, the committee was called upon to make recommendations to the criminal law in order to hasten the procedure of trial and enhance the punishment for sexual assault against women. Their recommendations ommitted capital punishment, instead Punishment for rape should be Rigorous Imprisonment for 7 years to life. In cases that amounts to the death or a ‘Persistent vegetative state’ of the victim, the punishment should be RI of 20 years to life Punishment for voyeurism should be up to 7 years in jail stalking and attempts to contact a person repeatedly should be penalised by upto 3 years in jail Every complaint of rape must be registered new protocols for medical examination of victims

6. Drawbacks . Despite being one of the more important legislations of our country, it still has a lot flaws that needs addressing. This is due to it being a spontaneous and hastened legislation. A couple of drawbacks are as following. Aspects of marital rape was not criminalized in the act The Amendment converted a gender neutral statute into woman centric one. Only a man is assumed to be capable of committing such offences that too against a woman only. The act omitted instances where transgender person is raped or when women sexually exploit other women. The presumption of ‘No consent’ stands if sexual intercourse is proven and the victim states in the court that they didn't consent. This can lead to the misuse of the legislation, as it favours the word of the plaintiff despite facts.

7. Conclusion The act was a result of a brutal incident. A prestigious legislative system such as ours should have the foresight to amend and mould our legal system before something like this happens. The Government should be more proactive as opposed to being reactive, for the welfare and protection of its citizens Food For Thought : Should our judicial system do away with Capital punishment (Death penalty)