New Delhi, November 12
In a far-reaching decision providing respite to a rape victim, the Centre today approved an amendment that would prevent the cross-examination of a woman on her moral character in a rape case.
“The unrestrained questioning of the prosecutrix can destruct the reputation and self-respect of the woman and intensify her trauma. It has been decided to amend the Indian Evidence Act by removing this provision,” Information and Broadcasting Minister Sushma Swaraj told newspersons.
It has been decided to specifically provide that in a prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination as to the general character of the woman.
Mrs Swaraj said the decision to amend the Indian Evidence Act, which provides that in a prosecution for rape it may be shown that the woman is of generally immoral character, was taken on the basis of a study on rape by the National Commission for Women (NCW) and the Law Commission, which were of the view that there was no reasonable connection between the offence of sexual assault and general moral character of the victim.
She said as sustained questioning of the prosecutrix could destruct the reputation and self-respect of the woman, it was decided to amend the Act by removing the existing provision, a recommendation made by the Law Commission and the NCW.
The new provision specifically provides that in a prosecution for rape or attempt to commit rape, it shall not be permissible to put questions in the cross-examination of the victim as to her character.
In another woman-oriented decision, the Centre approved an amendment to the Representation of People’s Act to provide that those convicted in a sati case would be disqualified from contesting elections, irrespective of the length of the punishment given.
At present those convicted for less than six months in this offence could contest elections.
“It will now be the nature and not the quantum of punishment that will debar the convicted from contesting polls,” she said.
