Rattled Mayawati plans to amend CrPC

Rape spurt: Says no bail for rape accused,trial to end in 6 months

Under attack from all quarters over a series of sexual assaults on women,Uttar Pradesh Chief Minister Mayawati on Tuesday said her government would amend the Code of Criminal Procedure (CrPC) to ensure the accused in rape cases do not get bail,the trial is completed within six months and the onus of proving innocence is on the accused.

The government will also look for ways to make sexual harassment of women a non-bailable offence,Mayawati said. The CM said the government would soon send a draft Ordinance to Governor BL Joshi,seeking amendments in sections 235,437 and 439 of CrPC. Official sources said while the government could pass an Act or issue an Ordinance to amend the CrPC,it would require concurrence of the President. Mayawati said her government would leave no stone unturned to teach a lesson to those involved in criminal acts against women and children. She,however,admitted that the recent incidents in some districts showed the slackness of the administration and the police.

The CM announced a meeting with all officers,right from the district level to state level,on June 27 to review the situation. I will direct the officers concerned to undertake special campaign in every police station to deal with crime related to women and children, she said.

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Expressing regret over the recent incidents,Mayawati assured the family members of the victims that her government would punish the culprits. Accusing the Opposition parties of politicising the incidents,Mayawati said their allegation of a jungle raj in the state was baseless.

Can the state amend the Criminal Procedure Code (CrPC)?

Yes,it can under Schedule 7. CrPC is an entry in the Concurrent List in Schedule 7 of the constitution. This means that both the Centre and the state have jurisdiction to make amendments to it. Schedule 7 read with Article 254 of the Indian Constitution allows a state legislature to amend provisions in an existing parliamentary law on matters enumerated in the Concurrent List.

How can the state amend the CrPC?

The UP legislature has to forward the amendments to the President for consideration and acceptance.

But what if the state law violates the original objective of Parliament?

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Here the Presidents assent to a state law is crucial as it allows the amendment to overcome a dominant central law and prevail solely within the territory of the state even if it is repugnant to the central law.

Can Parliament never undo the wrong caused by a state amendment?

According to Article 254 (2),Parliament can any time enact any law with respect to the same matter including a law adding to,amending,varying or repealing the law so made by the state legislature.

Former amendments to the CrPC by UP government?

Include no appeal process for petty offences to procedure in transfer of cases to outside UP.

Krishnadas Rajagopal