Srinagar, Dec 29: Amid rising offences in opposition to girls and youngsters in Jammu and Kashmir, the lately handed invoice Bharatiya Nyaya Sanhita, 2023 moved by Union Residence Minister Amit Shah has introduced cheers within the Union Territory.
Bharatiya Nyaya Sanhita, 2023, which was handed lately by the Parliament, is powered by a complete chapter “Offences in opposition to Lady and Baby” to cope with sexual offences.
The invoice has modified the availability associated to rape of ladies beneath 18 years of age.
Underneath the brand new legislation, the prevailing rape provision and gang rape of minor girls has been organized with provisions underneath the Safety of Youngsters from Sexual Offences Act (POCSO).
The legislation has made a transformative strategy to reporting crimes in opposition to girls by way of e-FIRs.
It additionally assists in fast reporting of delicate crimes.
Crimes in opposition to girls typically contain embarrassment in society and a deeply ingrained sense of humiliation.
The digital platform underneath the Bharatiya Nyaya Sanhita offers a discreet means for victims to report the crime.
The legislation has made the progress of investigation and knowledge clear to the complainant.
Underneath the brand new legislation, in a departure from typical observe, Police are required to strictly inform the complainant concerning the progress of the investigation inside 90 days. In case of sexual violence, the sufferer’s assertion shall be recorded by a girl judicial Justice of the Peace.
The legislation would make sure that the assertion of the sufferer of sexual harassment have to be taken within the presence of a feminine police officer at her residence.
Whereas recording such a press release, the father or mother or guardian of the sufferer could also be current.
Within the case of ladies beneath the age of 18 years, the provisions of life imprisonment or the loss of life penalty have been made.
Underneath the brand new legislation, all gang rape instances are punishable with imprisonment as much as 20 years or life imprisonment.
Clause 70(2) of the Bharatiya Nyaya Sanhita, 2023 subsumes Part 376D (a) and Part 376 D (b) of the outdated India Penal Code (IPC) to take away age-based standards for treating gang rape of a minor lady as a critical offence.
Underneath the definition of rape, the age of consent for a married lady has been elevated from 15 to 18 years.
The brand new laws makes it clear that having sexual activity with a girl by deception or on the promise of marriage is punishable with easy or rigorous imprisonment.
The brand new legislation assumes significance as J&Okay has been witnessing an increase in crime in opposition to girls and youngsters for the final a number of years.
The Nationwide Crime Information Bureau (NCRB) had reported that 11,000 instances of crime in opposition to girls have been registered within the final three years in J&Okay.
The instances included rape, kidnapping and abduction of ladies, assault on girls with intent to outrage their modesty, pressured marriage, human trafficking and assault with acid.
In 2022 alone, J&Okay witnessed 278 instances of sexual abuse in opposition to youngsters.
This 12 months too many instances of rape, molestation, and kidnapping of kids have been reported in J&Okay’s, particularly in the summertime capital Srinagar.
The Bharatiya Nyaya Sanhita has been welcomed by folks from totally different walks of life in Kashmir.
“The brand new legislation will empower victims to boost their voice for justice with none worry,” the Chairperson of Baby Welfare Committee (CWC), Srinagar, Khair-un-Nisa advised Larger Kashmir.
“The brand new legislation will allow victims to lodge e-complaints from the confines of their houses and there’s no want to go to police stations. It will encourage households and kin to come back ahead and inspire the victims to boost their voices in opposition to crimes in opposition to them. The brand new legislation was the necessity of the hour particularly in Kashmir which has seen a surge in crimes in opposition to youngsters and girls,” she stated.
Khair-un-Nisa stated one of many main highlights of the brand new legislation is the time restrict for medical examination of victims of sexual abuse and submitting of chargesheet.
“It will guarantee time-bound justice to victims,” she stated.
Srinagar-based advocate, Arsheeda Bashir, who has been coping with instances associated to crimes in opposition to girls and youngsters hailed the brand new legislation.
“Bharatiya Nyaya Sanhita is a strong legislation and outfitted not solely to safeguard and supply justice to girls and youngsters however punish the perpetrators and act as a deterrent,” she stated.
Elaborating, she stated that many instances of crimes in opposition to girls and youngsters go unreported in J&Okay as a result of social stigma.
“We’ve to grasp that we’re a part of a conservative society. I’ve seen how kin of victims in lots of instances don’t need to even speak concerning the crime fearing social stigma. This leaves the sufferer psychologically devastated and the accused will get inspired to commit extra crimes,” stated Arsheeda who can also be a psychiatric counsellor.
M M Shuja, a Srinagar-based social activist, who has been submitting public pursuits petitions, stated the brand new legislation is like “the sunshine on the finish of the tunnel for the victims”
“The brand new legislation have to be applied in letter and spirit in J&Okay and victims should get justice,” he stated.
In his marathon speech throughout a dialogue on the Bharatiya Nyaya Sanhita in Parliament, Union Residence Minister Amit Shah minced no phrases to declare that the Authorities of India wouldn’t tolerate crime in opposition to girls or youngsters.
He made it clear that justice could be ensured to victims and the accused wouldn’t be capable to save themselves, in contrast to prior to now, by making the most of outdated colonial legal guidelines.
Shah stated that in Bharatiya Nyaya Sanhita, precedence had been given to crimes associated to the human physique, like rape, gang rape, crime in opposition to youngsters, homicide, kidnapping and trafficking.
“Underneath the management of Prime Minister Narendra Modi, for the primary time, modifications have been made within the three legal guidelines governing the almost 150-year-old legal justice system, regarding Indianess, the Indian Structure and the folks of India. The aim of the Indian Penal Code made in 1860 was to not give justice however to offer punishment,” he stated.
The Bharatiya Nyaya Sanhita, which changed the Indian Penal Code (IPC), would now have 358 sections as an alternative of the sooner 511 sections.
Twenty-one new offences have been added to it, the time period of imprisonment has been elevated in 41 offences, the penalty has been elevated in 82 offences and obligatory minimal punishment has been launched in 25 crimes.
The Union Residence Minister stated numerous provisions had been made in these legal guidelines for the security of ladies and youngsters.
“A brand new chapter on this regard has been added to the Bharatiya Nyaya Sanhita. There’s a provision for all times imprisonment and loss of life penalty for the crime of rape of a girl underneath 18 years of age. In instances of gang rape, there’s a provision of imprisonment of 20 years or imprisonment until loss of life. Now we have now made a provision to ship the medical examination report of the rape sufferer on to the police station and court docket inside 7 days with none delay,” Shah stated.
“PM Narendra Modi led authorities has determined to make the assertion of the sufferer obligatory in a rape case. A lady can lodge an FIR within the police station by way of e-FIR, cognisance of it’ll even be taken and preparations have been made to supply a reply to the lady at her dwelling inside two days,” Shah stated.
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