After cabinet anti-rape bill now to face all-party test

Even as the government on Wednesday claimed having thrashed out differences within different ministries over the anti-rape bill, it is now turn of its two supporting parties from the Hindi heartland—Samajwadi Party (SP) and Bahujan Samaj Party (BSP) showing fangs. Ahead of an all-party meeting scheduled on Monday to evolve a consensus over the criminal law amendment bill, cleared by the group of ministers (GoM), these parties hinted to oppose the proposed legislation at the time of introduction.

The GoM which met under finance minister P. Chidambaram second time, since it was constituted on Tuesday claimed having finalised the draft.  Telecom minister Kapil Sibal, one of its members said the full cabinet will take up the draft on Thursday at its weekly meeting for the approval.  It is believed that ministers have agreed to replace the word 'sexual assault' with ‘rape’, thus making the bill women-centric. The age of consent for sex has been reduced from 18 to 16.  The government sources, however, said the reduction in the age shall not have cascading effect on other child related laws. Further, it will only eliminate the criminality element and insulate boys and girls above 16 from police harassment in case they are found expressing their love.

Also stalking and voyeurism have been made non-bailable offences. The provision for false complaints also stands eliminated. The union cabinet had deferred the bill twice over past one week due to lack of unanimity. The government also wanted to make the language of the bill more tight, as many ministers had even question at the language of the bill. Law minister Ashwani Kumar said  he was confident that the proposed legislation  will be tabled in the parliament soon after cabinet approval.

The bill also demands a life imprisonment as the maximum punishment for those in authority committing rape. The person in authority has been described as a police officer, a doctor or a staffer of a hospital, a jailer or a warden of a remand home and also political authority. The bill retains the provision that if rape leads to death of the victim or leaves her in a vegetative state, it can attract death penalty.

The proposed bill is incorporating most of the clauses which are part of the Criminal Law (Amendment) Ordinance 2013 promulgated on February 3 following the recommendations of the Justice JS Verma Commission. The shield given to the security personnel involved in crime against women in disturbed areas under the controversial AFSPA continue to remain, sources said.

Meanwhile, the government is bracing for another challenge in the form of opposition to the bill from the SP and the BSP. Ahead of an all-party meeting, many lawyer MPs cutting across party lines are also pressurising their parties not to get the bill passed in the haste. While the government is ready with the time-table to move the bill on Tuesday in the Lok Sabha to get it passed by Wednesday and then by the Rajya Sabha by Friday before Parliament goes into a month-long recess, the consensus emerging among the MPs is to better refer the bill either to a joint select committee or the standing committee of home for close scrutiny.

Naresh Agarwal, the most vocal MP in the Samajwadi Party, said his party will oppose the Bill at the introduction stage itself. He said the  harsh provisions could be  misused to harass menfolk besides damaging women's interests. He said employers shall find it difficult to employ women in the wake of facing an  endless harassment. Which boss will like to employ women in his office?  He asked.

He also objected to bring the political parties also under the bill's purview as every leader will hesitate from promoting women or give them ticket for fear of being harassed.

Bahujan Samaj Party supremo Mayawati has been accusing the government of delaying and diluting the law meant to protect women. But her party colleagues are also having strong objections to the provisions like putting the political parties in the bill and issues like stalking. BSP MP Vijay Pratap Singh was, however, cautious to point out that his party has not yet taken the stand and the final view will be given by Mayawati only on Monday in the all-party meeting.(ends)