Lok Sabha Question No. 2761 (UNSTARRED), answered on 2016-03-15
Subject: Women related Offences
Ministry: HOME AFFAIRS
Asked by: GEETHA KOTHAPALLI

## GOVERNMENT OF INDIA

## MINISTRY OF HOME AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO. 2761

TO BE ANSWERED ON THE 15 TH  MARCH, 2016/PHALGUNA 25, 1937 (SAKA)

WOMEN RELATED OFFENCES

2761. SHRIMATI KOTHAPALLI GEETHA:

Will the Minister of HOME AFFAIRS be pleased to state:

- (a)  whether  the  State  Government  of  Andhra  Pradesh  proposes  to  apply the amended section of the IPC, Nirbhaya Act in the cases where money lending is linked to sexual harassment of female borrowers/women family members of borrowers and if so, the details thereof;
- (b)  whether  the  Government  has  decided  to  establish  a  special  court  at Vijayawada with a special public prosecutor to try the Nirbhaya cases for speedy disposal in addition to efforts under way to bring in a stingent Act to regulate money lending and if so, the details thereof;
- (c)  whether  the  Government  has  taken  action  for  tackling  the  menace caused  by  unscrupulous  money  lenders  by  enacting  a  law  to  regulate money lending business, if so, the details thereof and if not, the reasons therefor;
- (d)  whether it  is  a  fact  that  the  police  have  registered  227  cases  in  the State  including  five  cases  that  involved  sexual  harassment  along  with exorbitant interest rates and if so, the details thereof; and

(e)  the  steps  taken/being  taken  by  the  Government  to  intervene  in  such matters and to enact new laws to firmly deal with such cases?

## ANSWER

MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HARIBHAI PARATHIBHAI CHAUDHARY)

(a) to (e): The Government of Andhra Pradesh have sent a Bill called 'The Andhra Pradesh Money Lenders Bill, 2015' for consideration and assent of …2/

-2-

## L.S.US.Q.NO.2761 FOR 15.3.2016

the  President  under  article  254(2)  of  the  Constitution  of  India.  The  Bill, interalia,  provides  for  penalty  for  molestation  of  debtor  which  reads  as under:

'Whoever  molests  or  abets  the  molestation  of  any  debtor  or members  of  the  family  for  the  realisation  of  any  loan  shall  be punished with imprisonment for a term which may extend to three years and with fine which may extend to rupees fifty thousand'.

The  Bill  also  mentions  about  designating  Special  Court  to  try  offences against women on sexual exploitation or offences related thereto.

As  per  the  Seventh  Schedule  to  the  Constitution  of  India,  'Police'  and 'Public Order' are State subjects and, as such the primary responsibility of  prevention,  detection,  registration,  investigation  and  prosecution  of crime  lies  with  the  States/UT  Administrations.  However,  the  Central Government has taken various steps to check crimes against women and children. The Criminal Law (Amendment) Act 2013 provides for enhanced punishment for crimes like rape, sexual harassment, stalking, voyeurism …3/

- -3-

## L.S.US.Q.NO.2761 FOR 15.3.2016

and  acid  attacks  etc.  A  national  emergency  response  system  project  is worked out to respond to calls from women in distress and provide them immediate police assistance.

As  per  information  furnished  by  Ministry  of  Finance  (Department  of Financial  Services),  Non  Banking  Financial  Companies-  Micro  Finance Institutions (NBFC-MFIs) are regulated by the Reserve Bank of India (RBI) under the provisions  of  chapter  IIIB  of  RBI  Act  1934  and  money  lending being  a  subject  in  the  State  List,  it  is  generally  regulated  under  State specific Money Lending Laws.

- *******