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The Criminal Law (Amendment) Bill, 2013 – A Critical Analysis

“We legislate first, and think afterwards; complexity is heaped upon complexity and confusion becomes worse confounded[1]

INTRODUCTION

C

hange in life style, living standards, disparity in economic growth due to urbanisation and changes in social ethos and lack of concern for moral values contribute to a violent approach and tendencies towards women, which has resulted in an increase in crime against women[2] but, as usual, our legislatures were least concerned when it comes to bring appropriate legislation for protection of women. Crime against women and their exploitation has multiplied many folds in the recent years because of the inefficiency in implementation of law. This is evident from the two tables(T.1.1. and T.1.2.) below:-

T. 1.1.: Crime Clock of Atrocities Committed Against Woman[3].
S No. Offences and Crimes against Women Rate of Crime
1. Rape 29 Minutes
2. Sexual Harassment 53 Minutes
3. Molestation 15 Minutes
4. Cruelty by husband or other relatives 09 Minutes
5. Dowry Deaths 77 Minutes
T.1.2. Statistics of National Crime Records Bureau on Crime Against Woman
S. No

Year

Crime cases against Women

1. 2005-2006 1,55,553
2. 2006-2007 1,64,765
3. 2007-2008 1,85,312
4. 2008-2009 1,95,856
5. 2009-2010 2,03,804
6. 2010-2011 2,28,650

The barbarous Rape Incident that occurred in Delhi[4] was result of this attitude of our legislature. Further, the protest in the Delhi after the barbarous Rape Incident indicated the whole of India, the enormity as well as the seriousness for an immediate reform in Rape Laws. In the backdrop of this incident, the Central Government setup Justice Verma Committee headed by former CJI of India, J.S. Verma to make recommendation on the inefficiency of Rape Laws and other laws for Protection of Women in IPC because of great hue and cry by the Indians. Not only this, the President of India promulgated The Criminal Law (Amendment) Ordinance,2013 (hereinafter refer as Ordinance,2013), which amended several laws related to Protection of Woman, as an immediate measure to calm down the anger of the India. Since, the Ordinance,2013 was full of anomalies, which where prima facie, as it was hurriedly enacted. The Cabinet headed by P. Chidambaram with his colleagues debated the Criminal Law Ordinance,2013[5].On 19 March 2013, it was passed by Lok Sabha. On 21st March, it was a surprise for everyone that the law which touches the life and soul of every individual of this country was passed by Rajya Sabha in just one day discussion[6].

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July 19, 2016

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