Anti-rape ordinance is a starting point: Chidambaram
February 04, 2013 14:56
Just In: Finance Minister P Chidambaram is addressing the media in New Delhi on the anti-rape ordinance promulgated by the government, and says they hope the stringent provisions will be a deterrent.
You can read the text of the ordinance here.
Of the 22 clauses in the ordinance, 11 of which have been taken from a piece of legislation pending before Parliament, Chidambaram says.
The anti-rape ordinance is only the starting point of the legislative process, the finance minister says.
On marital rape, there is divergence of opinion, as well as what is the age for a juvenile, admits Chidambaram. The amendment to Armed Formed Special Forces Act proposed by Justice Verma, on custodial rape, needs to be debated further, he says.
The bill that will be passed by Parliament and which will replace the ordinance will reflect the broadest consensus on the issue, and government welcomes proposals and suggestions on the subject, Chidambaram says.
On some of the more difficult issues -- "I am not calling them contentious issues" -- the finance minister hopes there will be more discussion to arrive at a consensus.
On keeping marital rape out of the ambit of the ordinance, Chidambaram says it is a "difficult issue on which we have to hear the views of everybody". We have taken it one step forward by saying if husband and wife are separated, if there is sexual act then it will be punishable. Within marriage, this is debatable, Chidambaram says. There are differing views on this, he adds.
Along with Chidambaram, Information and Broadcasting Minister Manish Tewari is also addressing the media.
"Nothing has been rejected, it may not have been incorporated," says Chidambaram when asked why the provision on debarring politicians accused of sexual violence, as recommended by Justice Verma, is not part of the ordinance.
Asked why the finance minister is speaking on an issue which falls in the ambit of the home ministry, Chidambaram pointed out that he was the head of the Group of Ministers set up on the issue and was speaking on behalf of the government.
Reduction of juvenile age for certain heinous crimes is being considered by the government keeping in mind the Constitution, says Chidambaram. However, he points out, the changed law cannot be applied retrospectively, in an obvious reference to the recent Delhi gangrape case which has led to the whole exercise of tightening the law on crimes against women.
To the extent of the changes made in the Criminal Procedure Code and the Indian Evidence Act, it will lead to a faster trial in the December 16 gangrape case, Chidambaram says. Changes in procedural law will apply even to ongoing cases and thus will speed up the trial in this case.
Ordinance does not mandate death penalty but it is an alternative. The Indian law prescribes death penalty in the rarest of rare cases, and that's the principle we have followed in the ordinance as well, Chidambaram says.
On sensitising the police force to atrocities against women, the finance minister says sensitising the constabulary to gender was a work in progress. Efforts are also made to recruit more policewomen. "Government is very concerned about the attitude of certain policemen and police officers," he says.
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