PIL has been filed at Delhi High Court against anti-rape law amendments brought in after the Nirbhaya incident, it has termed in PIL these laws are “draconian” and unconstitutional. Two PIL had already been filed relating to the same, which has now been clubbed with the present PIL.
Amendments were made with regard to women’s protection, but they are being widely abused and have even failed to reduce crimes against them. The PIL also cites statistics compiled by Delhi Commission for Women that found fake over 50% of rape cases filed in Delhi between April 2013 and July 2014.
It was contended that amendments led to negation of presumption of innocence which is a founding principle of Indian criminal jurisprudence and arm the police with enormous powers of arrest and harassment, thus jeopardising life and liberty and after the amendment wide variety of acts have been included in the definition of ‘rape’, and prescribed minimum punishment of seven years imprisonment which violates Articles 14 and 21.
Chief Justice G Rohini and Justice V K Rao hearing the matter and issued a notice to the Centre, directing it to file an affidavit by July 5.
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