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LATEST NEWS UPDATES | Differences over rape laws resolved, age of consent to be 16

Differences over rape laws resolved, age of consent to be 16

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published Published on Mar 14, 2013   modified Modified on Mar 14, 2013
-The Indian Express

Differences within the Cabinet over the proposed amendments to rape-related laws were resolved Wednesday when a Group of Ministers recommended that the phrase “sexual assault” be replaced with the word “rape” in all laws, age of consent for sex be retained at 16, and a provision that provides for punishment for filing false complaints be done away with.

The recommendations of the GoM, headed by Finance minister P Chidambaram, will be incorporated in the Criminal Law Amendment Bill, 2013, and placed before the Cabinet for approval Thursday. The GoM was formed after a Cabinet meeting specially called on Tuesday to discuss the Bill was unable to resolve differences on some issues.

“The differences have been resolved to everyone’s satisfaction. There is a general unanimity over the provisions now,” Law minister Ashwani Kumar said.

A key concern raised by some ministers, led by Kumar, related to the possible misuse of the stringent provisions proposed. The Bill placed before the Cabinet allowed punishing those filing false complaints. Some other ministers, however, felt that this would further discourage women from reporting rape, which is already low.

The GoM was informed Wednesday about provisions that already exist within the Indian Penal Code to deal with false complaints, such as sections 177, 182 and 211. Accordingly, it was considered that any additional provision would prove counter-productive. Every case of acquittal for want of proof beyond reasonable doubt could be seen as a false complaint and the woman could be prosecuted. The GoM, therefore, recommended that the proposed section 195B in the Bill be deleted.

The GoM decided to keep rape gender-specific — the victim can only be female and perpetrator, male — and continue to use the word “rape” instead of “sexual assault” in the laws. The ordinance, which the government had promulgated in February and which is sought to be replaced by the Bill under question, had introduced “sexual assault” while earlier laws used “rape”.

The GoM also gave its verdict on the age of consent for sex, saying it should be kept at 16 years as earlier and not increased to 18 as in the ordinance. Any kind of sex before a girl turns 16 years would be deemed rape

The Indian Express, 14 March, 2013, http://www.indianexpress.com/news/differences-over-rape-laws-resolved-age-of-consent-to-be-16/1087765/


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