The ordinance cleared by the Union Cabinet on Friday evening proposes that dereliction of duty by public servants be made an offence punishable with up to only one year in jail against the recommended five years proposed by the Justice J.S. Verma Commission.
While the age of consent for “consensual sex” has been kept at 18 years, the ordinance has adhered to the juvenile age of 18 years. The home ministry, however, subsequently intends to approach the women and child development ministry to lower the juvenile age by two years. The ordinance for the first time defines “trafficking” as an offence, making it a punishable offence under Sec. 370 with seven years in jail. The ordinance entails changes in the criminal law by amending the Indian Penal Code, Code of Criminal Procedure (CrPC) and the Evidence Act. The ordinance makes it “optional” for the police to videograph the recording of the evidence at the residence of the person reporting the offence. It has also made a provision under Sec. 273 where a victim below 18 years will not be confronted by the accused. The Verma panel’s recommendation that “evidence of character of previous sexual experience” is not relevant and that questions regarding the moral character will not be put to the victim during cross-examination have been accepted in toto. The ordinance, however, has not included any reference to the AFSPA, as suggested by the Verma panel. The MHA rejected the Verma panel proposal to waive the sanction required to prosecute Armed forces personnel accused of a crime against a woman.
The government has recommended to the President to promulgate the ordinance with immediate effect. The notification of the ordinance is expected to be issued Saturday. “We believe that this is a progressive piece of legislation and is consistent with felt sensitivities of the nation in the aftermath of the Delhi rape.
outrageous gangrape in Delhi,” law minister Ashwani Kumar said.