Rape Current Affairs - 2020

Supreme Court rejects Curative Petitions filed over Nirbhaya Case: What are Curative Petitions?

On March 16, 2020, the Supreme Court of India rejected the curative petitions filed over Nirbhaya case.

A Brief outlook

In September 2013, a fast track court of Delhi found the defendants guilty and pronounced death penalty to those accused of rape and murder of a 23-year old female. Since then the accused were appealing to high court of Delhi and Supreme Court of India. Recently, the accused had filed a curative petition seeking to put his execution on hold. However, the Supreme Court has rejected their pleas and the accused are to be hanged on 20th March, 2020.

The mercy petition and review petition were also rejected by the Supreme Court

What is Curative Petition?

A curative petition is filed after the plea conviction against final conviction is dismissed. The Curative petitions are filed under Article 142 of the constitution. It shall be filed after the review petition is dismissed by the apex court.

The concept of Curative petition is supported by the Article 137 of Constitution of India. The Article enables Supreme Court to review its own judgements made under Article 145.

Article 145

The article empowers the Supreme Court to make rules for regulating practices and procedures of the Court. The rules include proceedings in the court, to stay proceedings, grant bail, etc. the minimum number of judges to sit for the purpose of interpretation of the constitution is 5 according to the article.

Review Petition

The Review petitions are filed under Article 137 of the Constitution that enables Supreme Court to review its own judgement. Under Supreme Court rules, 1966, these petitions should be filed within 30 days of judgement.

Eastern Zonal Council Meet to be held in Bhubaneswar

The Eastern Zonal Council meeting for the states of Odisha, Bihar, West Bengal and Jharkhand is to be chaired by home Minister Amit Shah. The meeting is to discuss cases of rape against women, sexual offences, prevention of cattle smuggling in the India-Bangladesh Border, etc.

Highlights

The Home Minister will discuss with the Chief Ministers of all the 4 participating states. The minister will also review the status of the amendments of Code of Criminal Procedure. Under the amendment, the time limit of the completion of investigation of criminal cases were limited to two months. This was done through the Criminal Law Amendment Act, 2018

Previous Councils

In the recent meetings of Western Zonal Council and Northern Zonal Council, the Home Minister directed the state police review pending cases as quickly as possible. The Council also instructed to update case details at Investigation Tracking System for Sexual Offences. It is an online portal that helps states to undertake real-time monitoring, managing and completion of cases, especially rape cases in 2 months.

Zonal Council

Zonal Councils are statutory bodies constituted under States Reorganization Act of 1956. According to the act, India is divided into 5 zones and a council has been set up for every zone. The zones include Northern, Eastern, Western, Southern and Central. In 1971, the North Eastern council was created.