Monday, July 12, 2010

[ZESTCaste] Legal mechanism to rein in khaps by mid-August

 

http://timesofindia.indiatimes.com/India/Legal-mechanism-to-rein-in-khaps-by-mid-August/articleshow/6155996.cms

Legal mechanism to rein in khaps by mid-August

Dhananjay Mahapatra, TNN, Jul 12, 2010, 02.15am IST

NEW DELHI: Law Commission is soon expected to come out with
comprehensive suggestions on a legal mechanism to deal with
khap-dictated honour killings.

The report of the commission headed by Justice P V Reddy, expected by
mid-August, could come to the rescue of the UPA government, given the
division of opinion within the Union Cabinet over the efficacy of home
ministry's bill suggesting amendments to the Indian Penal Code to rein
in khaps.

Justice Reddy told TOI that the issue was referred to the commission
some time back but it was taken up in right earnest only after he
assumed charge as chairperson in April. "We have studied the issue
from various angles, including the social aspect, and have held wide
consultations with public bodies," he said.

Asked about the legal issues being deliberated by the commission,
Justice Reddy said, "It is basically two -- whether an amendment to
the existing penal laws would serve the purpose or a wholesome
standalone law is needed to deal with the menace." He refused to
elaborate further.

In fact, the issue being deliberated by the commission was the same
that created a debate within the Cabinet on Thursday. While the home
ministry's bill proposed amendment to Section 300 of IPC to insert an
additional clause "fifthly" to include all khap participants in a
murder decision to be liable for the crime of honour killing, legal
eagle Kapil Sibal had a different take.

According to Sibal, the issue was not as simple as just amending
Section 300 to have an additional clause, which in reality could be a
tool for harassment of innocent people by police. He said the IPC
already provided for making a person a co-accused in a murder case if
he had been always a party to the planning and conspiracy to a
killing, thus the proposed amendment was redundant.

However, Sibal and other colleagues suggested that one could explore
the need for a separate law to specifically deal with honour killings
on the lines of Prevention of Corruption Act. The issue was then
referred to a group of ministers (GoM) for wider consultation.

Justice Reddy said the commission had already held wide-ranging
consultations and crystallised certain views. "Now we have to
carefully examine the contents of all these deliberations before
giving our report to the government. It will take some time," he said.

dhananjay.mahapatra@timesgroup.com

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