Citizens' Issues
No objection from the girl's family for naming new anti-rape law after her

Home Ministry officials, however said the IPC and the CrPC do not have a provision for naming any law after an individual

New Delhi: The revised anti-rape law, which is expected to be stringent and facilitate speedier justice, is unlikely to be named after the Delhi gang-rape victim as suggested by some quarters, reports PTI.


The new law will be framed after Justice Verma Committee, which was constituted to suggest the possible amendments of criminal law to provide for quicker trial and enhanced punishment to criminals in cases of sexual assault against women, submits its report by the end of January.


Home Ministry officials said the Indian Penal Code (IPC) and the Criminal Procedure Code (CrPC) do not have a provision for naming any law after an individual.


"No law has been named after any person in India. Neither the IPC nor the CrPC provides for that. One has to see the case in national perspective. The issue has wide repercussion while registering offences. This girl has been a catalyst to the changes in the anti-rape law but naming is not an option," an official of said.


Besides others, Union Minister Shashi Tharoor had said yesterday the revised anti-rape legislation should be named after the victim if her parents do not have objection.


The Justice Verma Committee is reviewing criminal law to punish juvenile in sexual assault cases and considering whether the existing law should be amended or to bring a fresh one.


"The Women and Child Development Ministry is the nodal Ministry. They are also considering the need to plug loopholes in sexual assault law," the official said.


Meanwhile, the Home Ministry inquiry into the controversy over allegations and counter-allegations by Delhi Chief Minister Sheila Dikshit and Police Commissioner Neeraj Kumar on recording the gang-rape victim's statement before her death has not been completed yet.


"We expect an early closure of the probe. But no time line can be put to the process," the official said.


SC to hear PILs on women's safety and speedy trial of rape cases

A bench headed by Chief Justice Altamas Kabir agreed to hear on Thursday the PIL, filed by retired woman lady IAS officer Promilla Shanker for setting up fast track courts across the country for speedy trial of rape cases

New Delhi: Agreeing to examine the issue of proper safety to women and stopping gender discrimination, the Supreme Court on Wednesday issued notices to the Centre and all states and also decided to hear another plea for creating fast-track courts for speedy trial of all rape cases, reports PTI.


A bench headed by Chief Justice Altamas Kabir will hear tomorrow a public interest litigation (PIL) seeking establishment of fast-track courts for trial of rape cases and for suspension of Members of Parliament (MPs) and Members of Legislative Assembly (MLAs) who have been charge-sheeted for crime against women.


Meanwhile, another bench of justices P Sathasivam and Ranjan Gogoi issued notices to the Centre and all the states and sought their responses to another PIL by advocate Mukul Kumar, seeking safety measures for women.


Kumar, in his PIL, demanded creation of women police stations in every town to investigate complaints of rape and sexual assault against women and implementation of UN convention on elimination of all forms of discrimination against women.


The court asked the Centre and the states to file their replies within four weeks.


In the backdrop of the nation-wide outrage over 16th December brutal gangrape and murder of a 23-year-old woman in Delhi, who died in a Singapore hospital on 29th December, a bench headed by Justice Altamas Kabir agreed to hear tomorrow the PIL, filed by a retired woman lady IAS officer Promilla Shanker for setting up fast track courts across the country for speedy trial of rape cases.


Promilla in her petition also demanded that cases of rape and crime against women and children be investigated by lady police officials and trial be also conducted by lady judges.


Promilla, in her petition, submitted that the apex court should intervene in the issue as one woman is raped every 40 minutes in the country and most of them remain unregistered.


"As per reports one woman is raped every 40 minutes in different parts of the country despite 90 percent of the cases remaining unregistered. After the ghastly gang rape incidence, more than 61 women and children are missing in Delhi and 9,000 young girls are reported to be victim of human trafficking and sex trade in Chhattisgarh which has gone unnoticed in the present national debate," the petition said.


"Punitive actions are being taken only after incidents were reported by media, but no preventive, reformatory or systematic improvements are being made by governments. People are increasingly getting frustrated by absence of deterrent effect of law on criminals and innocent people are suffering due to misuse of police power at behest of political system," she said.


She submitted that no effort is being made to address the deep-rooted problem on implementation of existing laws and empowerment of civil and judicial system.


The other petitioner, Kumar submitted that the plight of women in the country exposes the shortcomings that have beset the laws and they have to be removed.


"It is undisputed that women find the outside atmosphere increasingly unsafe. Even travelling on public transport is fraught with risks too, in addition to general discomfort.


Atrocities against women cannot be interpreted as just isolated instances of failing law and order," he said in his petition.


"In spite of international agreements, the denial of women’s basic human rights is persistent and widespread. As per a study, conducted by the Centre for Social Research (CSR), 18 women were tortured every hour in some way or the other across the country," the petition said.


He also submitted that in cases of honour killings, the concerned panchayat should be penalised and concerned persons be tried for murder charges.



Vaibhav Dhoka

4 years ago

In fact Supreme court should initiate PIL on Judicial functioning and reforms which is Need of hour.Women safety needs priority but every field in justice system NEEDS reform keeping in mind changes social and economic scenario.


prat mahesh

In Reply to Vaibhav Dhoka 4 years ago

I agree. In fact this is a good article by the first lady Additional Solicitor General, Indira Jaisingh.

She was also the India rep on CEDAW which is referred to in this PIL.
CEDAW is the only United Nations human rights treaty that addresses issues related to sex and gender discrimination. On 18 December 1979, the Convention on the Elimination of All Forms of Discrimination against Women was adopted by the United Nations General Assembly. It entered into force as an international treaty on 3 September 1981 and over 100 hundred nations have agreed to be bound by its provisions. India became a signatory in 1993.

Government warns of tough action against excise, service tax evaders

The move comes in the backdrop of moderate growth in the indirect tax collection and the urgency to contain the fiscal deficit to the targeted 5.3% of the GDP

New Delhi: In a stern warning to evaders of excise, customs and service tax, the Indian government on Wednesday asked them to either pay the dues or face penal action which could include arrest, prosecution and property attachment, reports PTI.


"We are keeping a very close watch on such elements. They are advised to come forward and pay all taxes and avail of the benefit of reduced penalty," Revenue Secretary Sumit Bose told reporters.


Those who fail to pay excise duty, he warned, should be prepared to face consequences which would include "provisional attachment of property, arrest and prosecution, suspension of Cenvat credit and 100% penalty and interest".


The move comes in the backdrop of moderate growth in the indirect tax collection and the urgency to contain the fiscal deficit to the targeted 5.3% of the GDP.


The Indian Revenue Secretary said government would urge all assesses to ensure they make timely and correct payment of customs duty, excise duty and service tax for continued trade facilitation.


"It has been observed that a number of central excise assesses continue removing goods clandestinely, sometime even without registration, misusing Cenvat credit or simply not paying central excise duties which are due to the government in disregard of the law," he said.


With regard to Service tax, Bose said, it is also noticed that more than half of the service providers who are registered are not filing returns while a number of service providers who should be paying service tax now have not yet registered themselves.


"The Department has also gathered information that a number of service providers are collecting service tax from receivers of service but not depositing the tax with the government," Bose said.


"Let we warn them all such service providers will not only be liable to pay the service tax along with interest and penalty which may be equal to the service tax evaded, but they can also be prosecuted for these offences. Money due to them from a third party can be appropriated by the government," he added.


All services are taxable from 1 July 2012, except those in the negative list and exempted services.


On the customs side, Bose said, "We have seen that some importers and exporters are indulging in under-invoicing on import or over-invoicing in exports and mis-declaration of goods and are misusing exemptions and various incentive schemes, to evade customs duty".


When 70% of the consignments are being cleared by customs on self assessment basis, without any assessment and examination by Department, it is incumbent upon the importers or exporters to discharge their correct duty liability, he said.


Highlighting some unscrupulous elements are already on the radar of DRI (Directorate of Revenue Intelligence) and intelligence wings of customs houses, he said, such importers and exporters should be ready to face legal consequences including arrest and prosecution, besides payment of duty with interest, fine and penalty upto 100% of duty evaded.


"The only window for them is to come forward and deposit the duty now and avail of the benefit of reduced penalty," he said.


Indirect tax collection grew at a moderate rate of 16.8% to Rs 2.92 lakh crore in the April-November period as against the annual growth target of 27%.


The government in the current fiscal had proposed to collect from customs, excise and services tax Rs5.05 lakh crore, an increase of 27% over realisation in the previous fiscal.


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