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| Indian Finance Minister P.Chidambaram [File Photo] |
New Delhi: With the women and
student groups intensifying their protest, the Indian United Progressive Alliance
(UPA) led-Indian government on Monday defended its ordinance on enhancing
punishment for sexual assaults and appeal to everyone to deal with the issue
with the utmost seriousness and sensitivity.
“We are dealing with a
grave issue – crimes against women and punishment for such crimes. I would,
therefore, appeal to everyone to deal with the issue with the utmost
seriousness and sensitivity, “Finance Minister P. Chidambaram said at a news
conference here.
Mr. Chidambaram
emphasized, an ordinance is aimed to amend the criminal laws immediately and
government is working to make provision of stringent punishment in such cases.
“Government hopes that
the stringent provisions in the ordinance will have a deterrent effect on the
potential criminals during the period between now and the date on which the new
law will be enacted by Parliament, “Mr. Chidambaram said.
"The ordinance is
only the starting point of a legislative process. I appeal to everyone to allow
the process to be completed in the budget session (of parliament)," Chidambaram
appealed.
The Criminal Law
(Amendment) Ordinance, 2013, was given assent to Sunday by President Pranab
Mukherjee. The government says it is largely based on the recommendations of
the Justice J.S. Verma Committee, set up by the government Dec 23, 2012,
following nation- wide outrage over the gruesome gang-rape of a 23-year-old
woman Dec 16.
Earlier, in the Sunday
morning women and student groups held protest at Jantar Mantar and near Shastri
Bhawan in the national capital terming the ordinance a "big joke" and
toothless to stop such crimes.
"This ordinance is
an eyewash. It has diluted the recommendations of the Justice Verma Committee.
We want a bill based on the panel's suggestions," said Kavita Krishnan,
secretary of All India Progressive Women Association (AIPWA),
Women activists urged
President Mukherjee Saturday not to sign the ordinance, saying it lacks teeth to
fight sexual crimes against women.
Notifying the fact that the
ordinance has to be passed by parliament within six months to be made into law Chidambaram
said the government would welcome suggestions from the public to replace the
ordinance with a bill in parliament.
He said that discussions
would be held with political parties.
"These consultations
will afford ample opportunity to make changes in the ordinance. The bill passed
by parliament will reflect the broadest possible consensus on the imperative
and urgent need to have an effective law to protect women and to punish crimes
against women," he said.
However, the finance
minister agreed there were "difficult issues" arising out of the
suggestions made by the panel.
Rebuffing the talks that government
has rejected the recommendation made by justice Verma panl, Chidambaram said
the government has not included some clauses recommended by the Justice Verma
Committee but had not rejected anything.
"It is not right to
say the government has rejected recommendations of the Verma Committee. We have
been faithful to the Justice Verma panel recommendations," he said.
"Some clauses like
AFSPA (Armed Forces Special Powers Act), marital rape and lowering the age of
juveniles need more discussions," he said.
“Death has also been
prescribed as the maximum punishment in the case of a second conviction for the
offence of sexual assault or aggravated sexual assault,” he pointed out.
He called on all
political parties to support the government in getting the bill passed.
Information and Broadcasting
Minister Manish Tewari said: "If there are objections, the government will
look into them with a positive framework and take into consideration whatever
is necessary."
According to some of the
provisions of the ordinance, gang rape is punishable with imprisonment for 20
years or up to life.
The government has
recommended death in cases where the victim dies due to injury caused by the
rape or leaves the victim in a vegetative state.
Sexual harassment is
punishable with imprisonment of up to five years. This includes forcibly
showing porn, making sexually coloured remarks, any other unwelcome physical,
verbal or non-verbal conduct of sexual nature, contact and advances involving
unwelcome and explicit sexual overtures, and demand or request for sexual
favours are all punishable under the ordinance.
Voyeurism and stalking
are punishable with imprisonment up to three years.
According to its
provisions, marital rape is not an offence if the wife is over 16 and is not
judicially separated.
Amid government assurance
the women and student groups are in no mood to give up rather they will continue
their protest and will gather on Feb 21 (the day the budget session of
parliament starts) at Jantar Mantar to hold a vigil as the house will the Bill is introduced and
will debate to replace the Ordinance.