MILAP CHORARIA
B-5/52, Sector-7, Rohini, New Delhi-110085
Dated: 30th December, 2012
To,
Before Justice J. S. Verma Committee,
Room No. 213 & 214, Vigyan Bhawan Annexe, New Delhi-110023
Hon’ble Members,
I am suggesting that a separate law should be made for the prevention of sexual assaults, fixing stringent imprisonments, with the appropriate Amendments in the Indian Penal Code, Civil Procedure Code and Indian Evidence Act, to ensure implementation of such New Law.
I am submitting my suggestions with regards to some important provisions, which should be incorporated in a separate law to be enacted to deal with the any kind of sexual assaults.
Name of Law Should be : Prevention from Sexual Assaults, Act, 2013.
With Best Regards,
Yours Faithfully,
(Milap Choraria)
My Suggestions:-
Definitions
1(a) Definition of the Rape / Sexual Assault
1. Rape and/or sexual assault is forced, manipulated, or coerced sexual contact by a stranger, friend or acquaintance, which can be defined by three elements:
1. Rape and/or sexual assault is forced, manipulated, or coerced sexual contact by a stranger, friend or acquaintance, which can be defined by three elements:
· Penetration of ANY orifice by ANY object,
· Force or threat of force, or
· Sexual contact against the will of the victim.
Provided a consent given by a person who at the material time is impaired, intoxicated, drugged, underage, mentally challenged, unconscious, or asleep, cannot be treated as consent.
(b) Stranger Rape
When a person is raped by an unknown attacker it is considered a “stranger rape”.
When a person is raped by an unknown attacker it is considered a “stranger rape”.
(c) Acquaintance Rape / Date Rape
When a person knows his/her attacker (partner, family member, doctor, neighbor, co-worker, etc.) it is considered an “acquaintance rape”.
When a person knows his/her attacker (partner, family member, doctor, neighbor, co-worker, etc.) it is considered an “acquaintance rape”.
(d) Sexism
Sexism is the system of attitudes, assumptions, actions and institutions that treat women as inferior and make women vulnerable to violence, disrespect and discrimination.
Sexism is the system of attitudes, assumptions, actions and institutions that treat women as inferior and make women vulnerable to violence, disrespect and discrimination.
(e) Coercion
Coercion is the use of emotional manipulation to persuade someone to something they may not want to do – like being sexual or performing certain sexual acts.
Coercion is the use of emotional manipulation to persuade someone to something they may not want to do – like being sexual or performing certain sexual acts.
(f) Consent
Consent is clear permission between intimate partners that what they are doing is okay and safe. To consent to something – like being sexual – means you confidently agree to do it based on your own free will without any influence or pressure. You cannot legally consent if you are drinking or under the influence of drugs as your ability to consent has been impaired.
Consent is clear permission between intimate partners that what they are doing is okay and safe. To consent to something – like being sexual – means you confidently agree to do it based on your own free will without any influence or pressure. You cannot legally consent if you are drinking or under the influence of drugs as your ability to consent has been impaired.
(g) Sexual Abuse
Sexual conduct on a child.
Sexual conduct on a child.
(h) Sexual Harassment
Different from sexual assault, sexual harassment is any unwanted sexual advance, comment, attention, gesture or behavior, in the verbal, non-verbal or physical manner.
(i) Battering
Battering is a series of verbal, physical or psychological tactics that one person uses to gain control over another person, often a partner or ex-partner.
(j) Domestic Violence
Domestic violence is verbal, physical, psychological or sexual violence within the fluid concept of “family”.
(k) Stalking
When someone “willfully and repeatedly follows and harasses another person and who makes a threat with the intent to place a person in fear” for their personal wellbeing.
2. Juvenile:
with regard to implementation of this law, the "juvenile" or "child" means a person who has completed the fourteen years of age; (appropriate amendment shall be made in the definition of the Juvenile Justice (Care And Protection Of Children) Act, 2000 to implement this law).
3. Punishment of Life Terms:
Punishment of life terms means, the entire period of life and till the death, without right to submit appeal before President for any immunity or without any parole.
DUTIES AND RESPONSIBILITIES OF POLICE
(1) Immediately after receipt a verbal or written complaint, or through a Telephonic Conversation or Email the Police is duty bound to register an First Information Report FIR), relating to respective crime of sexual assault. ;
(2) Immediately after registration of the respective FIR, the In-charge of the respective Police Station shall flash the matter through all the methods available to him, including Email, Phone and or in writing to all his Superior authority, including head of the State Police;
(3) One IPS Officer from the Respective District shall be assigned the matter to personally supervise the investigation;
(4) The failure in registering of a complaint shall be liable to be dismissal of a Police Officer responsible for such failure, and also liable for criminal prosecution to indulge in protection of criminal by his such criminal conduct.
(5) The respective Police Officer from the rank of IPS, shall liable for a fair and honest and immediate investigation, including scientific test of any kind, and responsible for delay in investigation or any test, shall also liable to be for appropriate action by the Authority, including recording such failure in his Service Records.
(6) Immediately after registration of the FIR, the accused shall be arrested, without any kind of ill-performance
(7) The FIR of Sexual assaults shall be investigated in the manner of war foot, and should be filed charge sheet, without any delay.
Court Proceedings
Court to which the case will be assigned, (without designing it as a Fast Track Court), shall hear the matter on the day to day basis and based on Most Priority List.
In case Court satisfied that Prosecution is not serious in the prosecution proceedings, then Court can appoint its own Prosecutor with direction to Police to handle all the related documents.
None-Bailable Offence
Any crime of Sexual Assault should be None-bailable, and no Court should entertain the application of bail till Charge Sheet is not filed.
Provided if Court satisfied that from the Charge Sheet filed in the case, prima-facie no crime is proven, then only Bail should be granted.
Punishment/sentence:
Rape with Death:- The respective accused shall be punished with death sentence, without any right to Appeal to President of India for any immunity;
Rape/Stranger Rape:- The respective accused shall be punished with life sentence, without any right to Appeal to President of India for any immunity;
Acquaintance Rape / Date Rape/ Sexual Abuse:- The respective accused shall be punished with the sentence for the minimum 10 years, without any right to Appeal to President of India for any immunity;
Sexism / Coercion// Battering/ Domestic Violence/ Stalking :- The respective accused shall be punished with the sentence for the minimum 7 years, without any right to Appeal to President of India for any immunity;
False Complaint: When a Court Satisfied that the respective complaint of sexual assault is false and made with some ulterior motives, the respective complainant shall be simultaneously punished by the respective Court, with the imprisonment for a period equal to the punishment fixed for respective kind of sexual assault.
(Milap Choraria)
TRUTH SHALL ALWAYS PREVAIL
Milap Choraria: National Convenor : Movement for Accountability to Public (MAP)
http://milapchoraria.tripod.com/msp
Milap Choraria: National Convenor : Movement for Accountability to Public (MAP)
http://milapchoraria.tripod.com/msp
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