Stringent Measure: New Bill Proposes 10-Year Jail Term for Marrying Women by Concealing Identity
The Bharatiya Nyaya Sanhita (BNS) Bill introduced by Union Home Minister Amit Shah in the Lok Sabha marks a significant effort to address crimes against women by proposing specific provisions to tackle offenses like marrying under false pretenses and deceitful practices. The bill’s focus on strengthening punishments for such actions, including imprisonment of up to 10 years, highlights the government’s commitment to enhancing legal measures for the protection of women’s rights and dignity.
By introducing the BNS Bill, the government aims to replace the outdated Indian Penal Code (IPC) of 1860 and establish a more comprehensive legal framework to address contemporary challenges and offenses. This move reflects the broader effort to create a safer environment for women in India and underscores the importance of targeted legislation to combat offenses that disproportionately affect them.
Union Home Minister Amit Shah emphasized that the Bharatiya Nyaya Sanhita (BNS) Bill addresses various social problems and crimes against women comprehensively. He highlighted that the bill introduces a significant provision, making it a crime to engage in sexual intercourse with a woman under the false promise of marriage, employment, promotion, or false identity. This marks a notable step to rectify a gap in the legal framework that previously lacked specific provisions for such cases, despite instances of women claiming rape based on breach of promise of marriage.
The bill’s proposed provision clearly outlines the consequences for such actions, stating that individuals who engage in sexual intercourse with a woman under false pretenses will be subject to imprisonment of up to ten years, in addition to fines. By introducing this provision and emphasizing the importance of addressing these offenses, the bill aims to strengthen legal protections for women and ensure that their rights and dignity are safeguarded more effectively. The bill’s examination by a Standing Committee will further shape its potential impact and implications.
The proposed provision in the Bharatiya Nyaya Sanhita (BNS) Bill defines “deceitful means” comprehensively, encompassing various scenarios that could lead to the exploitation of women. This includes false promises of employment or promotion, as well as inducement or marrying someone while concealing one’s true identity.
According to senior criminal lawyer Shilpi Jain, the inclusion of this provision is long overdue and addresses a significant gap in the legal framework. In the absence of such a provision, cases related to these offenses were often not categorized as crimes, leaving room for ambiguity and interpretation from both the complainant and the accused.
By clearly defining and establishing such actions as criminal offenses, the bill aims to provide greater clarity, protection, and justice to women who may be victims of deceitful practices. This provision reflects a critical step toward ensuring accountability and safeguarding the rights and well-being of women in cases involving false promises and manipulation.
The provision regarding “marrying after suppressing identity” within the proposed bill has generated discussions about its potential implications, particularly in cases of interfaith marriages under false names. Shilpi Jain, a senior criminal lawyer, mentioned that while this provision could be open to interpretation, the key aspect to consider is that consent obtained through deception cannot truly be considered voluntary.
Jain highlighted the prevalent issue of women being exploited by individuals who engage in sexual relationships under the pretext of marriage. She emphasized that if men make promises of marriage without any intention to fulfill them, it constitutes an offense.
However, Jain also expressed reservations about combining the false promise of marriage with the promise of employment or promotion within the same provision. She argued that the promise of marriage is based on trust and love, whereas promises of employment or promotion involve mutual benefit. By grouping them together, the nuances and dynamics of these two types of promises might not be adequately addressed. This perspective emphasizes the need for careful consideration of the complexities involved in different types of cases when framing legal provisions.
Shilpi Jain further elaborated that when a woman is aware of the nature of the exchange – such as engaging in a sexual relationship for employment or promotion – it might not fall under the category of deceitful or false promise. Her stance highlights the importance of distinguishing cases where individuals enter such arrangements with full knowledge and consent.
The proposed bill also includes a provision to make the crime of voyeurism gender-neutral, with a prescribed punishment of three to seven years. Home Minister Amit Shah emphasized that these amendments were introduced to ensure swift justice and establish a legal framework that aligns with the contemporary needs and aspirations of the people.
Shah underlined that gang rape cases would incur punishment ranging from 20 years of imprisonment to life imprisonment. Additionally, he noted that the proposed bill stipulates death penalty for cases involving the rape of girls below the age of 18. These stringent provisions reflect the government’s commitment to addressing crimes against women and ensuring their safety and protection.
The proposed bill outlines stringent penalties for various crimes, reflecting the government’s commitment to addressing serious offenses. It states that the crime of murder will result in either a death sentence or life imprisonment. Similarly, the crime of rape will be punishable by a minimum of 10 years of imprisonment or imprisonment for life. In cases of gang rape, a convicted individual will face a minimum of 20 years of imprisonment or imprisonment for life.
In scenarios where the rape leads to the death of the victim or leaves her in a persistent vegetative state, the convict will be subject to rigorous imprisonment for a term of not less than 20 years, extendable to imprisonment for life, or even the death penalty.
The bill also addresses cases of rape involving girls under the age of 12. It prescribes rigorous imprisonment for a term of not less than 20 years, extendable to imprisonment for life, or a death sentence. These provisions underscore the seriousness with which the government views crimes against women, especially those involving minors, and emphasizes the need for severe penalties to act as a deterrent and ensure justice for victims.
The bill demonstrates a strong commitment to ensuring justice and accountability by imposing stringent penalties for rape and sexual offenses. It stipulates that anyone convicted of committing rape will face rigorous imprisonment for a period of not less than 10 years, which can extend to imprisonment for life, in addition to being liable to pay a fine.
Furthermore, the bill specifically addresses cases where individuals in positions of authority or power, such as police officers, public servants, or members of the armed forces, commit rape. In such instances, the punishment becomes even more severe, with a minimum term of rigorous imprisonment of not less than 10 years, which can extend to imprisonment for life.
By introducing these provisions, the bill aims to uphold the principles of justice and accountability, regardless of the perpetrator’s position or background, and send a strong message that sexual offenses will be met with severe consequences under the law.
