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This is an archive article published on October 18, 2008

Death to pregnant woman: Govt wants House to approve CrPC amendments

Sitting in her cell in Special Prison for Women, Vellore, Nalini Murugan, who is undergoing life-term for her role in the assassination of former PM Rajiv Gandhi...

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Sitting in her cell in Special Prison for Women, Vellore, Nalini Murugan, who is undergoing life-term for her role in the assassination of former PM Rajiv Gandhi, would never realise the part, inadvertent though, played by her in prompting the Centre to persuade the House to approve a significant amendment in the Code of Criminal Procedure (CrPC).

The UPA Government is learnt to have decided to try and get an amendment to the CrPC passed in Parliament’s ongoing session making it impossible for any court to award death sentence to a pregnant woman. Also, in case of a pregnant woman, who has already been sentenced to death, once the amendment comes into force, the sentence would be changed to life-term.

Nalini’s own death sentence was commuted into life-term following a clemency petition by Rajiv Gandhi’s widow and Congress chief Sonia Gandhi. In her plea for commuting her death sentence into life, Sonia had pointed out that Nalini was pregnant when she was awarded the death penalty. She later delivered a girl child, now staying in London with her uncle.

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Nalini’s petition praying for her release from jail on the ground that she has spent more than 17 years in prison is pending in the Madras High Court.

In its present form, the law allows postponing the hanging of a pregnant woman on death row only till the time she delivers the child.

According to sources, the Union Home Ministry, which is orchestrating the move to get the law amended, Sonia Gandhi and her daughter, Priyanka, who met Nalini in prison early this year, impressed upon the Government the need to change the law. “The Parliamentary Standing Committee on Home Affairs, in its 128th report, too suggested the amendment,” said a source.

Another important amendment in the CrPC that the Government wishes to get cleared by Parliament in its ongoing session, proposes that rape cases be tried by a fast-track court where the presiding officer is a lady judge. It says the statement of a rape victim be recorded by a lady police officer in the presence of at least one of her relatives or a social worker of the area at a place of her choice.

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The amendment also empowers the rape victim to appeal against acquittal of the accused.

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