Tamil Nadu CM Stalin announces special courts to try sexual offences against women

Chennai: Tamil Nadu Chief Minister M K Stalin on Saturday announced setting up of 7 special courts to try sexual offences against women and a special committee to be led by a police officer in districts for expeditious handling of such cases.

Stalin, in his reply to the motion of thanks to the Governor's address, also said that Tamil Nadu Prison Rules will be amended suitably to not permit premature release of prisoners, convicted for sexual offences.

He said special courts would be newly set up in Madurai, Tirunelveli, Coimbatore, Salem, Tiruchirappalli, Chennai and Chennai suburbs for exclusive trial of cases involving sexual offences against women.

In every district, in respect of such criminal cases, a special committee will be set up under an additional police superintendent, for expeditious completion of cases.

The CM asserted that the police department was functioning independently in his regime; stern action was being taken against rowdy elements and crimes have been prevented on a large scale. "In case, a crime occurs, the accused is immediately arrested. No one protects any accused. Appropriate, tough punishment is being secured for perpetrators of crime," he said.

The Assembly adopted amendment Bills providing for more severe punishments for rape, than provided in the central law, Bharatiya Nyaya Sanhita, 2023 (BNS), against the backdrop of the sexual assault of a varsity student here in December 2024.

Chief Minister Stalin piloted the Bills to amend the BNS and the Bharatiya Nagarik Suraksha Sanhita 2023 in its application to Tamil Nadu and also the TN Prohibition of Harassment of Woman Act, 1998 and these were passed.

Under the fresh provisions, 14 years of Rigorous imprisonment (RI) is the minimum punishment for rape in Tamil Nadu and it may extend to RI for life, which is the remainder of the convicted person's natural life and fine. BNS provides a minimum punishment of 10 years and it may extend to imprisonment for life and fine.

Twenty years RI is minimum punishment for rape if committed by certain class of persons including a police officer, a public servant, member of the armed forces, staff of jail or hospital, a teacher, and a person who who is in a position of trust or authority. The punishment may be RI for life as well, that is the remainder of the convicted person's natural life. BNS provides for ten years RI, may go up to life imprisonment and fine.

The punishment for rape of girls under 16 years of age has also been enhanced. The minimum punishment is 20 years RI in both BNS and state amendment. Now, Tamil Nadu has enhanced the maximum punishment, which is RI for the remainder of the convict's natural life and also a fine. In BNS, the maximum is, imprisonment for life, the remainder of natural life and fine.

For the offence of rape against girls under 12 years of age, Tamil Nadu has enhanced the minimum punishment to RI for life, the remainder of the convicted person's natural life and fine or death sentence (maximum). In BNS, the minimum punishment is 20 years RI, but may extend to life imprisonment with fine or death (maximum).

The Tamil Nadu amendment to BNSS also provides, in respect of sexual offences, for issuance of a 'Protection Order (PO)' by an executive magistrate, prohibiting the accused from attempting to communicate with the aggrieved person in any form, whatsoever, including personal or oral or written or electronic or telephonic contact or through third parties. The accused in case of breach of the PO shall be punishable with imprisonment for a term that may extend to 3 years and with fine which may extend to Rs 1 lakh.

As regards, an amendment to the TN Prohibition of Harassment of Woman Act, 1998, it freshly defines harassment. The new definition is: "Harassment means any indecent conduct, act or behaviour by a man, whether physical, verbal, non-verbal, digital, electronic or any other means, which causes or is likely to cause intimidation, fear, shame or embarrassment including threat or abusing or causing hurt or nuisance or assault or use of force." The scope of 1998 Act was enlarged to prescribe stringent penalties against offenders who harass women.

The Tamil Nadu Assembly met on January 6, 2025 for the Governor's customary address. However, Governor RN Ravi walked out over the national anthem issue. The House was adjourned sine die on January 11.