ITANAGAR, Mar 16: Arunachal Pradesh became the fourth state in the country after Madhya Pradesh, Rajasthan and Haryana to bring in amendments in the Criminal Law to provide capital punishment (death penalty) to those convicted of raping girls up to 12 years of age.
In a historic legislation, the Assembly on Friday passed the Criminal Laws (Arunachal Pradesh Amendment) Bill that deal with any forms of violence against women and children with an iron hand in the state.
The bill was introduced by the Home Minister Kumar Waii on the first day session on March 9 last as an aftermath of recent rape cases of minors in the state especially the rape and murder of a five year old at Wakro circle in Lohit district.
The Bill seeks to amend provisions among others, section 354, 354 (B), 354 (D) of IPC which punishes for outraging the modesty of women by providing harsher punishment up to 7 years and 10 years to the existing provisions and fine to the tune of Rupees One lakh.
Further, the amendment bill namely Section 376AA and Sec 376D to the IPC provides for punishment for such offences of rape and gang rape of a women below twelve years by providing death punishment in addition to other punishments, a departure from the central legislation. The Bill also provides for amendment to POSCO, Indian Evidence Act & Code of Criminal Procedure as consequential legislation.
Responding to the members and acknowledging their suggestions, the Home Minister said that Arunachal Pradesh is a peaceful state and it should be maintained by one and all and called upon all stakeholders to make an effort to maintain the peace and tranquillity of the state.
Terming sexual exploitation and abuse of women of twelve years or less as heinous crime which needed to be dealt with effectively, Waii mentioned the Tezu incident as very unfortunate and unimaginable case in the state.
The Home Minister said that in order to deter the possible perpetrators of crimes against women and to ensure full freedom and dignity of women as enshrined in the constitution of India, the term of punishment and quantum of fine in the existing provisions of the Indian Penal Code (No. 45 of 1860) are proposed to be enhanced suitably.
Waii further told that house that the under section 376AA, a person committing an offence of rape on a woman up to 12 yrs of age is non – bailable in nature and is liable for punishment of death, rigorous imprisonment of not less than 14 yrs but may extent to imprisonment for life and with fine, while under section 376DA on offence of gang rape on woman up to 12 yrs of age is liable for death punishment or rigorous imprisonment of not less than 20 yrs but may extend to imprisonment for life with fine.
Seeking support and cooperation of all members and stakeholders in dealing with such criminal cases and anti social activities, he added that it’s a joint responsibility of all to maintain the law of the land.
Participating in the discussion, Bomdila legislator Japu Deru appreciated the bill which would strongly deal with anti-social activities and other criminal cases.
Referring to the incident of rape and murder of a minor in Tezu, he said that such cases should be taken up in priority, adding that too long period of trial are deemed to be forget by the people and called for action and punishment on time.
While supporting the bill, Kanubari MLA Gabriel D Wangsu strongly advocated for conduct of sensitization programmes at all levels for mass awareness of the people and requested the government to keep fund provision for the programmes. He further called for review of the situations leading to such crimes and urged upon the house to have serious discussion on the issue with all sincerity to make a peaceful atmosphere to live in.
MLA Nyamar Karbak hoped that the bill would control the rape and other criminal cases.
Speaking on Tezu incident where the rapists of a 5 year old girl were killed by the angry mob leading to law and problem in the area and subsequent suspension of the police personnel of Tezu Police station, he requested the government to revoke their suspension order considering the gravity of the situation.
Appreciating the government for the bill, woman legislator Karya Bagang said that despite laws on protection of women exists in the state, such heinous crimes are occurring and safety and security of women of the state are at stake. She strongly called for death penalty for the convicts of rape of minors.
Senior member CT Mein said that the bill shows the concern of the law makers on protection of women. Saying that the situation at Tezu was beyond control of the police, he also supplemented Karbak in requesting the government to withdraw the suspension of the police personnel of Tezu PS.
While Tanga Byaling called for strengthening of police force to man such situations and their proper accommodation, Art & Culture Minister Dr. Mohesh Chai termed the incident as rarest of rare case and called for expediting the departmental inquiry and install back the suspended personnel.
Opposition leader and Palin MLA Takam Pario, members Phosum Khimhun, Tage Taki, Wanglin Lowangdong, Tumar Murtem also participated in the discussion.
The Arunachal Pradesh State Higher Education Council Bill, 2018 was also passed in the assembly on Friday. It was moved by Education Minister Honchun Ngandam. The bill was introduced by the minister on March 9 last.
Moving the bill for passing, Ngandam told the house that the State Higher Education Council was an essential prerequisite under the guidelines of the Rashtriya Uchchatar Shiksha Abhiyan(RUSA) under National Higher Education Mission of the Ministry of Human Resource Development, Government of India to review and coordinate the implementation of policies in all higher education institutions in the state including universities, research institutions and colleges.
Informing that the Council is only for RUSA programmes and not to be mixed up with other higher education schemes and programmes, he said that it is to develop network of various programmes in higher education undertaken and promoted by the central and state governments and by national level regulatory bodies including university grants commission, All India Council for Technical Education, National Council for Teacher Education, Medical Council of India, Bar Council of India and other similar statutory bodies.
The minister clarified the members that the council is purely on national flagship programme so its hqs would be at Itanagar till the programme continues. He also highlighted the works being undertaken under RUSA in the state.
Members Japu Deru, Wanglin Lowangdong and Kento Rina participating in the discussion appreciated the bill to streamline the functioning of higher education institutions in the state.
The house also passed the Arunachal Pradesh Land and Ecological Sites (Protection& Management) Bill, 2018 moved by Town Planning & Urban Local Bodies Minister Nabam Rebia.
The bill provides preservation, protection, acquisition and maintenance of land and other ecological sites of the state within the jurisdiction of the administrative hqs and urban centres of the state and matters connected therewith or incidental thereto, Rebia said, adding that it would preserve and protect, besides acquisition and maintenance of government land meant for development of towns and settlements and other ecological sites of the state within the jurisdiction of the administrative hqs and urban centres and protect such land and ecological sites from unauthorized encroachers, wanton earth cutting and encroachment for habitation.
Member Lombo Tayeng highlighted on massive earth cutting in unplanned manner within the capital cities posing threat for landslides and stressed on regulating such rampant practices. Pointing out on variation of land compensation rate in the state, he suggested for uniformity of the rate for all districts.
Supporting the bill, Tage Taki sought for precautionary measures to deal with natural calamities.
While calling for judicious utilization of land, legislator Gabriel D Wangsu pointed out on rampant construction of buildings without following building bye laws. He further urged upon the government to give directives for avoiding MIBT and OBT structures to do away with financial drain.
Other members including Wanglin Lowangdong also participated in the discussion.
Later, the house also passed the Arunachal Pradesh Street Vendors (Protection of Livelihood and Regulation of Street Vending) (Repeal) Bill, 2018 moved by Nabam Rebia. The bill is to provide for repeal of the Arunachal Pradesh Street Vendors (Protection of Livelihood and Regulation of Street Vending) Act, 2011 (No.4 of 2011) with no financial implication from the consolidated fund of the state of Arunachal Pradesh.
Question Hour: Chief Minister Pema Khandu informed the house that there are total twenty six sanctioned posts of Anesthesiologist in the state, while two are permanent and rest twenty four are temporary. He told that there are only three Anesthesiologists in position and posted at TRIHMS, Naharlagun, BPGH, Pasighat and as OSD to Director Medical Education (T&R), Naharlagun. Giving status of General Surgeon in the state, he said that there are 27 sanctioned posts with only one permanent and 26 temporary, while out of 4 General Surgeon in position, one is posted at TRIHMS, Naharlgun, 2 at BPGH, Pasighat and one at District Hospital Daporijo.
The Chief Minister was responding to a query put up by Roing MLA Mutchu Mithi during question hour seeking nos of Anesthesiologist and General Surgeon posts in the state and their posting places.
In reply to a query of legislator Wanglin Lowangdong seeking status of road from Khonsa to Hukanjuri, DCM Chowna Mein told the assembly that the DPR for double laning of 35 kms stretches of NH-315A road from Khonsa to Hukanjuri was submitted to the Road Ministry on 1st June 2017 and out of this only 9 kms has been considered in the NH(O) Annual Plan 2017-18.
The DPR for 9 Km has also been submitted to the Ministry on November last year for sanction by the MoRTH and assured to pursue with the Ministry, Mein said.
Lowangdong said that the road once constructed by the people of Khonsa on self help basis in 1956 is the life-line of the people of two districts of Tirap and Longding.
Later, the Speaker adjourned the house sine die. DIPR/Source
Quotes of the Day
=> Why this very important road (Khonsa-Hukanjuri road) is neglected: Wanglin Lowangdong demanding construction of road.
=> Aapne hame jyada bolna bhi nahi deta hain, jyada bolta bhi nahi: Tanga Byaling on time restriction.
=> Land compensation in state is not in uniform: Lombo Tayeng participating in the discussion on the Arunachal Pradesh Land and Ecological Sites (Protection and Management) Bill-2018
=> Earthquake marta nahi hum log mor jata hain: Tage Taki participating in the discussion on the Arunachal Pradesh Land and Ecological Sites (Protection and Management) Bill-2018