10/16/2014

Mrunal Women Rights: Nirbhya Centres, IPC 376-E Death Penalty

- Mrunal - http://mrunal.org [Women Rights] Nirbhaya Centres, Victim friendly Courts &IPC 376-E: Death Penalty for Rapists
1. Prologue
2. W1: Nirbhaya Centres
1. Timeline of events
2. Salient features of Nirbhaya centres:
3. Criticism against Nirbhya Centre project
3. W2: Courts vs Rape victims
1. Sakshi guidelines not followed
2. Loose Character
3. Quality of a good judge
4. IPC 376-E: Death Penalty for Rapists vs Jholachhap NGOs
5. Mock Questions

Prologue
Relevance? General Studies (Mains) Paper2: Laws, institutions and Bodies constituted for the
protection and betterment of vulnerable sections (which includes women and children).
For above section, Im combining three topics from current affairs:
1. September week2: Nirbhya Centres
2. September Week3: Making Indian courts rape-victim friendly
3. April 2014: Jholachhap NGOs oppose Death penalty in Shakti mill rape case.

W1: Nirbhaya Centres

Timeline of events
2012,
Delhi Gangrape
December

2013,
Budget

Government setup Nirbhaya FUND with 1000 crores, to support women safety
projects such as CCTV @public places, GPS-Emergency buttons in public vehicles, toll
free numbers and defense classes.
Fund is non-lapsable. Although hardly any money spent so far.

2014, July

Government announced setting up 660 rape crisis centres across India, called Nirbhaya
centres
FUNDING from Ministry of Women and Child Development.
Although not to totally new reform in the world. Such centres have been setup in Malaysia,
Bangladesh, Thailand since mid 90s.

2014,
September

Opened in Puducherry and Uttar Pradesh.

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Mrunal Women Rights: Nirbhya Centres, IPC 376-E Death Penalty

Salient features of Nirbhaya centres:

Dedicated one-stop location for women in crisis.
For Victims of all type of absues: rape, molestation, domestic violence.
Has trained staff to provide
Food, clothes and temporary shelter.
Medical assistance, Psycho-social support and counselling
Retired police officer at every center. Hell help the victim lodge FIR and record statements.
Panel of Lawyers in each centre, to give legal aid.
Video conferencing (For court hearings)

Criticism against Nirbhya Centre project

1. Government setting up centres only at district level. Poor / abandoned women cannot afford to travel
village to district HQ. Atleast there should be provision for travel assistance/ volunteers at village level.
2. Earlier Domestic violence Act 2005, provided for Protection officers- but theyre not functioning
properly in every state. So, what are the chances of these retired police officers helping rape victims?
3. No special arrangements for child victims.
4. Instead of setting such new centres, Government should revamp the local thana and primary health
centres to help victims.

W2: Courts vs Rape victims

Summary of a Hindu column- on How to make Indian courts friendly to victims of sex-abuse?

Sakshi guidelines not followed

2004: Sakshi Guidelines, Supreme court ordered following
In the case of Child sex abuse, the defence lawyer has to first give written list of questions to judge.
Then Judge will decide which questions are relevant to the case, and permit defense lawyer to ask
them to victim. But often these guidelines are ignored.
Videotaped interview of childs testimony. No need for child to court.
During hearing, Judge should give breaks to child as and when required.
Additionally
During the hearing, victim should not made to face the accused
There should be a screen or a one-way mirror or video conferencing to shield her.
Sessions courts are formidable and intimidating spaces. There should be special rooms to conduct
hearing on child victims.

Loose Character

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Mrunal Women Rights: Nirbhya Centres, IPC 376-E Death Penalty

Nirbhaya cases never pass due to such lawyers

and most importantly, need to debar such lawyers

Even if there is material record to show that the victim was habituated to sexual intercourse, Judge
should not make inference like the victim is a girl of loose moral character.
Because it casts a lifelong stigma on the victim. Besides, it is the accused and not the victim of sex
crime who is facing the trial.
1996: Supreme court did not permit any questions regarding the victims past sexual history.

Quality of a good judge

Only lady judges should preside over rape and child abuse cases.
But its a mistake to presume that all lady judges are equally sensitive to victims. Biology alone doesnt
determine sensitivity.
Judge should be confident and well versed in case laws. If judge lacks in confidence, hell be cowed
down intimidating and time-waste tactics of defence lawyers.
Often, the poor victims cannot afford to travel repeatedly for the hearings. Judge should ensure that
Victims deposition is finished on the same day- even if it means sitting beyond court hours.
Some judges even permit victim to wait in his chamber. That way defense lawyer and his lukhkhaaparties cannot intimidate her indirectly in the court premises. Such small gestures, help reducing
victims trauma.
In the hostile court environment, Victim looks upto the Judge to protect her. Therefore, A judge is
duty-bound to maintain the delicate balance between: right to fair trial of the accused vs right to
dignity of the victim

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Mrunal Women Rights: Nirbhya Centres, IPC 376-E Death Penalty

W3: IPC 376-E: Death Penalty for Rapists vs

Jholachhap NGOs
(Interview) What do you know about section 376/E in the IPC? Do you agree with the demands by
certain (jholachhap) activists that it is retributive in nature and therefore should be repealed?
Background:
After the Nirbhaya case in Dec 2012, government forms Justice Verma Committee.
Based on his recommendation, Criminal laws amendment bill 2013 tabled in parliament and passed by
both houses.
April 2013: President signed.
According to these amendments,
Certain new offenses included. you can read list on PRSIndia click me
Penalties increased in existing laws (IPC, SC-ST, IT act etc.) you can read the list on PRSIndia: click
me
One of them is IPC Section 376(E). It provides maximum death penalty for repeat offence of rape.
Present controversy:
July 2013: A call centre employee raped in Shakti mills.
August 2013: photojournalist raped in Shakti mills by the same criminals.
April 2014: Mumbai session courts awards death penalty to the three rapists- because they were
repeat offenders under 376/E.
pro 376-E argument

anti (=no death penalty)

Death penalty prevent recidivism

(=when criminal repeats offense after
coming out of jail)

(Mrunal this is height of stupidity but have to write).The

Jholachhap NGOs argue that 376-E applies only after rapist
is convicted in one offense, spends 7-10 years in jail, then
comes out rapes again.only then he can be called repeat
offender under 376E and get death penalty.
Hence 376/E is wrongly applied in this case because both
crimes were done in same year.

The three men have already been

sentenced to life imprisonment in the
telephone operators gang rape case.
after that judge heart the photojournalist
case=>376E applies.

Rather than 376/E, these criminals should be given life

sentence for gang rape under 376D.

Shakti mills criminals were emboldened

since police did not catch them in
previous call-center case. This case
definitely deserves application of 376/E.

Originally, Justice JS Verma Committee had recommended

only maximum life imprisonment in Section 376E amendment.
But succumbing to public and media pressure, government
replaced it with death penalty.

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Mrunal Women Rights: Nirbhya Centres, IPC 376-E Death Penalty

The repetition of crime by accused itself

can be seen as repetition of defying law, Death sentence is not going to diminish violence against women
if he would not been caught, he would which is deeply rooted in unequal and discriminatory practices.
have continue with his heinous acts.
There is no certainty that an accused 376E prevents any possibility of improvement /reform of the
will be reformed after passing sentence. accused.
Death penalty is meant to show that
respect of women is important in our
society, where rape is not just another
crime in the law-book.

Mock Questions
(GS2) Comment on following statements, 200 words each
1. To help the women in crisis, much needs to be done beyond piecemeal gestures such as Nirbhaya
fund and Nirbhaya centres.
2. Laws and institutional arrangements alone are insufficient to reduce the trauma of the victims of sexabuse.
Write Essay on following topics:
1. Todays victims are tomorrows perpetrators hidden in plain sight. (UNICEF- in context that child
victims of extreme violence in their early years, end up as perpetrators themselves.)
2. When women are safe, nations are safe
3. Has Indian Society has become silent to injustices?
4. Can girl-child grow without fear in India?
5. Only sustained and systematic efforts in families, communities and in society can end violence against
women.
Published on 10/10/2014 @ 9:21 pm under Category: polity
URL to article: http://mrunal.org/2014/10/women-rights-nirbhaya-centres-ipc-376-e-death-penaltyfor-rapists.html

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Mrunal Women Rights: Nirbhya Centres, IPC 376-E Death Penalty

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