Ministers differ on anti-rape law

Chidambaram says GoM to finalise recommendations today; all-party meet on Monday

Working against a deadline to get its proposed anti-rape legislation cleared in Parliament’s current session, the government on Tuesday called an all-party meeting on the coming Monday.

The government has set for itself a deadline of Friday to clear its own differences, so that the Bill could be tabled and voted upon in Parliament before March 22. The Cabinet is expected to take it up on Thursday.

Termed the Criminal Laws (Amendment) Bill, it is intended to replace an ordinance issued in the wake of the December 16 Delhi gang-rape case and its aftermath. The ordinance lapses on April 4.

Despite an hour’s Cabinet meeting this morning, differences persist among ministries over crucial clauses, after which it was referred to a Group of Ministers (GoM). This GoM, chaired by Finance Minister P Chidambaram, met this evening itself, to try for a consensus.

Among the contentious issues is the minimum age for consensual sex. The home ministry wants to reduce it from the present 18 years to 16 years, in keeping with the recommendations of the Verma commission report on the gang rape. The law ministry agrees. However, Women and Child Development Minister Krishna Tirath is strongly opposed to it, saying it would breach the definition under another law, the Protection of Children from Sexual Offences Act, passed last year, which makes a sexual act with an individual below 18 years a criminal offence.

Chidambaram told reporters after the GoM on Tuesday the Bill would be finalised tomorrow and the Cabinet was to consider it on Thursday.

At the Cabinet meeting this morning, there were differences on whether or not the term “rape”’ be replaced with the more gender-neutral ‘sexual assault’.

Law Minister Ashwani Kumar objected to including stalking and voyeurism under this anti-rape law. A senior minister later said, “How can stalking over telephone or even causing physical hurt be brought under the definition of rape?”

Kumar feels the Bill in its present shape would lead to more litigation. He stressed the need for adequate safeguards for the provisions on stalking to check against false complaints. Later speaking to reporters, he said, “There were various issues on which there was no unanimity. That is why the prime minister thought of forming a GoM.”

Telecom Minister Kapil Sibal reportedly told his colleagues the proposed law, in its present form, would not stand legal scrutiny.