1 This Act may be called The Anti Rape Act.
2 Definitions-(a) ‘Rape’ means & includes any attempt to penetrate any part of the body of a person by any means or objects & in any manner without a specific consent. (b) If the Person Aggrieved be of a gender other than female then Rape similarly means & includes any attempt to cause sexual reception of any part of the body of a person or any other object by any means, in any manner without a specific consent. (c) ‘Person Aggrieved’ hereinafter referred to as P.Ag means a person on whose body rape or an attempt to rape has been made. (d) ‘Person Attempting’ hereinafter referred to as P.At means & includes a person who rapes or causes a rape on any person or who makes any such attempt.
3 It shall be presumed that a person has not given any consent if:-a) It is against the will of the person b) It is vitiated by anything like giving of money or material or enticement or promise of anything where initially there was no consent c) The person giving it is of unsound mind/deaf/mute/pregnant/minor d) It has been obtained by use of force, coercion or any threat or through fraud/ blackmail or any unfair means e) It is obtained by any intoxication or by any means which causes deferring of natural judgement.
4 A person shall be deemed to have committed an offence when the conditions under Section 2 or 3 are satisfied. A complaint may be made by the P.Ag or any person or organization to the Authority which shall give a receipt with date & time.
5 The Authority shall within 24 hours thereafter cause a medical examination to be held of the P.Ag If the P.Ag is not in condition to undergo it the same shall be held soon thereafter. The report thereof shall be made within the next 12 hours by that Dr. who shall sign it with date & time.
6 The Authority shall collect the report & start the proceedings within the next 48 hours. Such proceedings may be amended within 10 days of arrest of the P.At.
7 The report of medical examination shall be prima facie proof of an offence if it is not negative. Negative reports are only those reports that mention without qualification that rape has not been committed & all other reports are deemed to be positive whether specifically so said or not.
8 On such prima facie proof the following consequences shall follow:-a) The P.At shall have no right of bail until the High Court grants it. Under section 12(8) the bail may be granted only by the Supreme Court. b) The assets & properties of all kinds of P.At shall be deemed to have been attached from the date of report for securing 50% of the same. c) Till the trial is started a sum equivalent to 10% of the accruals or income or receipts on the attached value whichever be higher, shall be paid to the P.Ag every month which may be increased. d) The P.At shall be deemed to have been suspended from the said date if a public servant or if a part of his or her income is paid by Government. e) The P.At shall not be entitled to hold any office under the Government until a verdict of not guilty is given. f) When the trial starts the Court shall make all appropriate orders. g) The Court at the start of the trial shall presume that rape or an attempt to rape has been committed by the P.At until & unless contrary is proved. h) Onus of proof of not committing rape or an attempt to rape shall be on the P.At i) If the P.At proves to the satisfaction of the Court that he or she did not commit any offence as aforesaid then the P.Ag shall have the liberty to rebut the same. j) Only after P.At sufficiently discharges this onus of proof, an examination & cross examination of P.Ag can be permitted by the court. Such an examination shall be by way of affidavit evidence & cross examination of P.Ag shall always be limited to the same except with leave of the Court for any specific topic. k) All such trials shall be held in camera & the real names of the P.At & the P.Ag shall not be published in any manner till the judgment is delivered. Thereafter the real name of the P.Ag may be published with permission of the Court & on consent of the P.Ag.
9 If a false complaint of rape was made then the complainant shall be liable to imprisonment of not less than 3 years extending to 25 years or a fine not exceeding $ 5 million or both.
10 If the report be negative then the complainant shall have the liberty to proceed with the same as per existing laws.
11 This Act shall override all other laws & in cases of trial under section 10 being initiated when it is prima facie proved that an offence of rape has been committed under section 2 or 3, this Act shall thereafter apply.
12 On the offence of rape or attempt to rape being established on trial1) The P.At shall be punished with imprisonment for a term of not less than 10 years which may extend to 30 years. 2) Of the said imprisonment the first 9 months shall be in solitary confinement which may extend to 3 years. 3) The punishment shall increase proportionality as per the educational qualifications & status of the person in the society which includes financial capacity. 4) The convicted person shall donate either one eye or one kidney to be transplanted in some deserving person. 5) No person convicted under this Act shall be released on parole except for some death in the family when the same shall be limited to 3 days. In appropriate cases however the Court can increase the said period or grant parole for reasons to be recorded. 6) A minimum of 20% which may extend to 40% of gross income from all sources of P.At shall be paid to the P.Ag per month till the sentence is fully served. 7) The convicted person shall be debarred from holding any office under Government for a period of 15 years from the date of conviction which may be stayed only by Supreme Court. Such person shall also be deemed to have vacated all his offices on & from the date of conviction. 8) If the P.Ag is a minor/person of unsound mind/deaf/mute/under any disability or if she is pregnant the imprisonment shall extend to a term not less than 15 years & may extend to 50 years. 9) On failure to pay any one instalment under sub section 6) above the amount so payable shall increase to one & a quarter times for the next 3 months & on failure to pay two instalments the amount so payable shall increase to one & a half times for the next 3 months & on failure to pay three consecutive instalments or a total of 5 instalments at any time the 30% of the attached assets & properties shall be sold & full amount paid to P.Ag as final payment whereafter no further payment shall be made. 10) When the offence is accompanied by threats of murder or violence or any actual violence is committed or when more than one person is involved in rape all the persons shall compulsorily donate their one eye & one kidney as above. 11) On final conviction & on the expiry of the period of limitation for any further legal proceeding thereafter, the convicted person shall be flogged 5 times at a stretch at an interval of every 9 months for the rest of the term of sentence & such flogging shall be held in front of media; however adequate medical help shall always be present at the time of such flogging.
13 If the Dr. gives a false report of medical examination then such Dr. shall be punished with a simple imprisonment for a term of 6 months which may extend to 3 years & a fine of not less than $.50000 which may extend to $ 1 million . On such conviction of the Dr. fresh proceedings under this Act shall start for the offence if no such proceeding is pending or if the proceeding has resulted in acquittal of the accused person.
14 A video recording including its audio, of the medical examination shall be made & preserved by any means & the same shall form part of the records. Such video recording must show the actual examination being carried out & as far as possible all the injuries on the body of P.Ag as also condition of all the orifices where the attempt to rape might have been made. In case of genuine difficulty of no video recording being made photographs be taken as aforesaid & in case even a camera is not available a description of the injuries & of the orifices by 3 Drs. should suffice & in such cases where even 3 Drs. are not available the same shall be done by the Dr. examining & that will suffice.
15 Any person who tries to influence or delay or interferes with or prevents the medical examination or report or recording or photograph or description; or any such activity with regard to the administration of justice which includes threatening or pressurizing etc. the P.Ag or any of his or her friends or relatives shall be punishable with imprisonment for a term of not less than 6 months which may extend to 3 years or fine of not less than $ 50,000 which may extend to $ 1 million or both. On a second such attempt the penalty shall be doubled & on third such attempt the said person shall be treated as a co-accused under sec. 2.
16 Notwithstanding anything contained in any other law for the time being in force all proceedings under this Act shall be instituted in a special Court appointed for the purpose with adequate number of judges so that at no point of time there are more than 30 pending cases to a judge so as to enable disposal of the cases within a period of 180 days as hereinafter provided.
17 The special Court so constituted shall dispose of all the proceedings within a period of 120 days from the date of compliant which for reasons to be recorded in writing may be extended to a maximum of 180 days.
18 The proceedings under this Act may be stayed by the High Court or Supreme Court if the Court is satisfied that continuation of such proceedings shall cause gross failure of justice & the High Court or the Supreme Court shall pass a final order on such application within a fortnight of filing of the same.
RAPE - I have deeply thought it over. I hate, react & rise against it - one of the most, if not the most heinous crime against a lady or a child or a gentleman.
It is a series of sins like eve teasing/harassment/molestation or rape; so a full deterrent system is required.
Rape is more killing than a murder as it KILLS A PERSON every day with EVERY SUNRISE & SUNSET for WHOLE OF LIFE as its BLACKEST memory can NEVER BE FORGOTTEN.
Means no punishment is sufficient for rape.
Too many crimes are being committed today which means two things.
1) We, with only a few exceptions, are slightly prone to sin.
2) It is our conscience that prevents its actual implementation – and it is valid for most of us -- all of whom are basically good!
Also how our THAT conscience can be built up & strengthened?
Reason is: 4 KASHAYS - ANGER, EGO, DECEPTION & GREED are inherent in EVERY LIVING BEING with only the degree varying. We can however improve ourselves for these.
Any crime or a sin can be controlled in mind, reduced & may be banished if we can control & reduce these 4 KASHAYS; but this is individual (effort).
IT IS MY FAITH & BELIEF that this result is surely achievable & detailed material is available on a site, particularly in this file -- SwaSanmukhata 42 - 6 SECRETS; though presently typos or mistakes are on the site but that does not affect merits of the files (as of now 33 in Hindi & 43 in English, with weekly uploads)
I have seen some examples when the persons who are really good persons & who further undertook a process, later on told me of improvement for KASHAYS.
BUT at the collective level it is different. It is a Government who collectively represents us. If we have strong laws which punish the accused in a manner so as to prevent others from committing the crime, it will act as a deterrent and all crimes including rape will be reduced.
Hence I have drafted an Anti Rape Law acceptable by any country & modified as per local necessities.
The suggestions for punishments are merely indicative, as a Government is in the best position to find out such deterrent punishment as would really inhibit this crime in the country.
I am also not missing many points including - a strong punishment weighs heavily on the family of accused or that the Act may be misused or that the person reforms himself truly & if the death penalty is there then this is completely lost - there have been many such instances in the history.
If these suggestions are accepted or an Act is enacted then it must get full publicity; say a copy be hung in every village, school, college, clubs, organizations etc. so that it is circulated well & to all. This should provide a guard to all to be careful in future.
One more thing that is MOST ESSENTIAL - the values in life ought to be taught from childhood by creating specific purposeful courses for these. I am trying my own bit & may be some time in future a site will be there for this. Till now 35 files- in Hindi, (at this stage these represent a personal communication) have been created on different topics (which have brought good & valuable changes in those for whom these are meant – even though they are brought up in a very well value oriented family & have learnt the values from their parents & other relatives) but the value system has to be covered to some extent before these files can be put on a site.
TARA is the VERY PUNISHING when it comes to that & thus should be an extremely POWERFUL DETERRENT too. I had to drastically edit it – here and in the petition to fit in the limitations here & many important things had to be deleted.
As they say law is common sense so here is my common sense in the form of TARA: