New law moved by Amit Shah on safety of women, children brings cheers in J&K

Srinagar, Dec 29: Amid rising offences against women and children in Jammu and Kashmir, the recently passed bill Bharatiya Nyaya Sanhita, 2023 moved by Union Home Minister Amit Shah has brought cheers in the Union Territory.

Bharatiya Nyaya Sanhita, 2023, which was passed recently by the Parliament, is powered by a comprehensive chapter “Offences against Woman and Child” to deal with sexual offences.

The bill has changed the provision related to rape of women below 18 years of age.

Under the new law, the existing rape provision and gang rape of minor women has been arranged with provisions under the Protection of Children from Sexual Offences Act (POCSO).

The law has made a transformative approach to reporting crimes against women through e-FIRs.

It also assists in quick reporting of sensitive crimes.

Crimes against women often involve embarrassment in society and a deeply ingrained sense of humiliation.

The electronic platform under the Bharatiya Nyaya Sanhita provides a discreet way for victims to report the crime.

The law has made the progress of investigation and information transparent to the complainant.

Under the new law, in a departure from conventional practice, Police are required to strictly inform the complainant about the progress of the investigation within 90 days. In case of sexual violence, the victim’s statement will be recorded by a woman judicial magistrate.

The law would ensure that the statement of the victim of sexual harassment must be taken in the presence of a female police officer at her residence.

While recording such a statement, the parent or guardian of the victim may be present.

In the case of girls below the age of 18 years, the provisions of life imprisonment or the death penalty have been made.

Under the new law, all gang rape cases are punishable with imprisonment up to 20 years or life imprisonment.

Clause 70(2) of the Bharatiya Nyaya Sanhita, 2023 subsumes Section 376D (a) and Section 376 D (b) of the outdated India Penal Code (IPC) to remove age-based criteria for treating gang rape of a minor woman as a serious offence.

Under the definition of rape, the age of consent for a married woman has been increased from 15 to 18 years.

The new legislation makes it clear that having sexual intercourse with a woman by deception or on the promise of marriage is punishable with simple or rigorous imprisonment.

The new law assumes significance as J&K has been witnessing a rise in crime against women and children for the last several years.

The National Crime Records Bureau (NCRB) had reported that 11,000 cases of crime against women were registered in the last three years in J&K.

The cases included rape, kidnapping and abduction of women, assault on women with intent to outrage their modesty, forced marriage, human trafficking and attack with acid.

In 2022 alone, J&K witnessed 278 cases of sexual abuse against children.

This year too many cases of rape, molestation, and kidnapping of children were reported in J&K’s, especially in the summer capital Srinagar.

The Bharatiya Nyaya Sanhita has been welcomed by people from different walks of life in Kashmir.

“The new law will empower victims to raise their voice for justice without any fear,” the Chairperson of Child Welfare Committee (CWC), Srinagar, Khair-un-Nisa told Greater Kashmir.

“The new law will enable victims to lodge e-complaints from the confines of their homes and there is no need to visit police stations. This will encourage families and relatives to come forward and motivate the victims to raise their voices against crimes against them. The new law was the need of the hour especially in Kashmir which has seen a surge in crimes against children and women,” she said.

Khair-un-Nisa said one of the major highlights of the new law is the time limit for medical examination of victims of sexual abuse and filing of chargesheet.

“This will ensure time-bound justice to victims,” she said.

Srinagar-based advocate, Arsheeda Bashir, who has been dealing with cases related to crimes against women and children hailed the new law.

“Bharatiya Nyaya Sanhita is a powerful law and equipped not only to safeguard and provide justice to women and children but punish the perpetrators and act as a deterrent,” she said.

Elaborating, she said that many cases of crimes against women and children go unreported in J&K due to social stigma.

“We have to understand that we are part of a conservative society. I have seen how relatives of victims in many cases don’t want to even talk about the crime fearing social stigma. This leaves the victim psychologically devastated and the accused gets encouraged to commit more crimes,” said Arsheeda who is also a psychiatric counsellor.

M M Shuja, a Srinagar-based social activist, who has been filing public interests petitions, said the new law is like “the light at the end of the tunnel for the victims”

“The new law must be implemented in letter and spirit in J&K and victims must get justice,” he said.

In his marathon speech during a discussion on the Bharatiya Nyaya Sanhita in Parliament, Union Home Minister Amit Shah minced no words to declare that the Government of India would not tolerate crime against women or children.

He made it clear that justice would be ensured to victims and the accused wouldn’t be able to save themselves, unlike in the past, by taking advantage of outdated colonial laws.

Shah said that in Bharatiya Nyaya Sanhita, priority had been given to crimes related to the human body, like rape, gang rape, crime against children, murder, kidnapping and trafficking.

“Under the leadership of Prime Minister Narendra Modi, for the first time, changes have been made in the three laws governing the nearly 150-year-old criminal justice system, concerning Indianess, the Indian Constitution and the people of India. The purpose of the Indian Penal Code made in 1860 was not to give justice but to give punishment,” he said.

The Bharatiya Nyaya Sanhita, which replaced the Indian Penal Code (IPC), would now have 358 sections instead of the earlier 511 sections.

Twenty-one new offences have been added to it, the term of imprisonment has been increased in 41 offences, the penalty has been increased in 82 offences and mandatory minimum punishment has been introduced in 25 crimes.

The Union Home Minister said various provisions had been made in these laws for the safety of women and children.

“A new chapter in this regard has been added to the Bharatiya Nyaya Sanhita. There is a provision for life imprisonment and death penalty for the crime of rape of a woman under 18 years of age. In cases of gang rape, there is a provision of imprisonment of 20 years or imprisonment till death. Now we have made a provision to send the medical examination report of the rape victim directly to the police station and court within 7 days without any delay,” Shah said.

“PM Narendra Modi led government has decided to make the statement of the victim compulsory in a rape case. A woman can lodge an FIR in the police station through e-FIR, cognisance of it will also be taken and arrangements have been made to provide a reply to the woman at her home within two days,” Shah said.