Lok Sabha Question No. 694 (UNSTARRED), answered on 2024-07-26
Subject: Disposal of Pending Cases
Ministry: LAW AND JUSTICE
Asked by: Smt. Malvika Devi

## GOVERNMENT OF INDIA MINISTRY OF LAW & JUSTICE DEPARTMENT OF JUSTICE

## LOK SABHA

## UNSTARRED QUESTION NO. 694 TO BE ANSWERED ON FRIDAY, THE 26 TH  JULY, 2024

## DISPOSAL OF PENDING CASES

## 694.  SMT. MALVIKA DEVI:

Will the Minister of LAW AND JUSTICE be pleased to state:

- (a)  the  steps  taken  to  make  sure  that  all  the  cases  pending  for  many  years  are solved soon and justice is done;
- (b) whether the new laws being made to make sure that child and women abuse is not taken lightly and proper punishement is given to the culprits, if so, the details thereof; and
- (c) whether any new amendments are proposed to the Hindu Succession Act, if so, the details thereof?

## ANSWER

## MINISTER OF STATE (INDEPENDENT CHARGE) OF THE MINISTRY OF LAW AND JUSTICE; AND MINISTER OF STATE IN THE MINISTRY OF PARLIAMENTARY AFFAIRS

(SHRI ARJUN RAM MEGHWAL)

(a): The resolution of pending cases in courts is within the exclusive domain of  the  judiciary.  However,  the  Central  Government  is  committed  towards facilitating  an  ecosystem  for  expeditious  disposal  of  cases  by  judiciary  and reducing pendency as mandated under Article 21 of the Constitution. To this end, the  Government  set  up  the  National  Mission  for  Justice  Delivery  and  Legal Reforms in 2011, with the twin objectives of increasing access by reducing delays and arrears in the system and enhancing accountability through structural changes and  by  setting  performance  standards  and  capacities.    The  Mission  has  been pursuing a co-ordinated approach for phased liquidation of arrears and pendency in judicial administration, which, inter-alia, involves improved infrastructure for courts  including  computerization,  increase  in  strength  of  subordinate  judiciary,

policy  and  legislative  measures  in  the  areas  prone  to  excessive  litigation,  reengineering  of  court  procedure  for  quick  disposal  of  cases  and  emphasis  on human resource development.

(b): There are a number of women and child-centric changes that have been introduced in the three new criminal laws viz. Bharatiya Nyaya Sanhita (BNS), 2023, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 and Bharatiya Sakshya Adhiniyam.

Under  the  Bharatiya  Nyaya  Sanhita  (BNS),  2023,  the  following  relevant changes have been made:

- i. Offences  against  woman and  child  which  were  scattered  in  Indian  Penal Code, 1860, have been consolidated under Chapter-V of the Bharatiya Nyaya Sanhita, 2023.
- ii. A new offence has been introduced to protect women from deceitful sexual relationships. Section  69 of  the  Bharatiya  Nyaya  Sanhita  ensures  a woman's  right  to  provide informed  consent. Anyone  who  establishes  a sexual  relationship  with  a  woman  by  suppressing  his  identity  or  making false promises of marriage, employment, or promotion will not be charged with rape, but such a breach of trust will be punishable by imprisonment of up to 10 years and a fine.
- iii. Protection against sexual intercourse by a man on his wife is now granted to all women below the age of 18 years .  Earlier this protection was only provided to girls below the age of 15 years. Now all girls under the age of 18  years,  regardless  of  their  marital  status,  have  protection  against  rape. (Exception 2 of Section 63).
- iv. Age differential for minor victims of gangrape has been removed. Earlier different punishments were prescribed for gangrape on a girl below the age of  16  years  and  12  years.  This  provision  has  been  modified  to  now  be gangrape on a woman below the age of eighteen years and is punishable with imprisonment of life or death. (Section 70(2)).

Under  the  Bharatiya  Nagarik  Suraksha  Sanhita,  2023,  the  following relevant changes have been made:

- i. Section 66 - Women have been recognized as an adult member of family, on whom summons may be served on behalf of the person summoned. The  earlier  reference  to  'some  adult  male  member'  has  been  replaced with 'some adult member'.
- ii. Section 176(1) Second Proviso - In order to provide more protection to the victim and enforce transparency in investigation related to an offence of rape, the statement of the victim shall be recorded through audio video means by police.
- iii. Section  183(6)(a)  Proviso  1  -  For  certain  offences  against  woman, statement  of  the  victim  is  to  be  recorded,  as  far  as  practicable,  by  a woman Magistrate and in her absence a male Magistrate in the presence of a woman.
- iv. Section  183(6)(a)  Proviso  2  -  The  Magistrate  shall  now  record  the statement of a witness in case of certain offences against women that are punishable with imprisonment for ten years or more or with imprisonment for life or with death.
- v. Section 184(6) - Medical practitioners are mandated to send the medical report of a victim of rape to the investigating officer within 7 days.
- vi. Section 195(1) Proviso - Provides that no male person under the age of fifteen years or above the age of 60 years (65 years earlier) or a woman or a mentally or physically disabled person or a person with acute illness shall be required to attend at any place other than the place in which such male person or woman resides. In cases where such a person is willing to attend the police station, they may be allowed to do so.
7. (c): At present, there is no proposal to amend the Hindu Succession Act.

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