How long do you think would it take for the newly-promulgated Criminal Law (Amendment) Ordinance 2013, signed by President Pranab Mukherjee, to come into effect? Immediately? Or as the ordinance itself states, “It shall come into force at once”? Sorry. The proper answer ought to be: “ No idea!”
Constitutionally speaking, an ordinance comes into effect from the minute it is published in the Official Gazette. Dr GB Reddy, Associate Professor, University College of Law, Osmania University, explains, “An ordinance cannot be applied just with the signature of the President. It has to be published in the Official Gazette and informed to all.” The Criminal Law (Amendment) Ordinance 2013 was published in the Official Gazette the same day it was signed by the President, on Feb 3.
The centre has issued the ordinance keeping in mind the public outrage following the brutal gang-rape and murder of a 23-year-old girl in New Delhi. It could have waited for the Parliament session to begin, table a Bill and enact a law. But it chose to promulgate the ordinance to deter people and check sexual crimes against women with immediate effect without wasting time. As a result, a crime committed against women will be dealt with as per the amendments made in the criminal law.
But on the ground, it is not happening in Hyderabad. The City Police is still waiting for a formal communication to implement the ordinance. Hyderabad City Police Commissioner Anurag Sharma admitted that the City Police has not received any official communication and that he had no clue how long would that take. “We have not received any official communication so far about the anti-rape ordinance. I will not be able to comment on it,” he said. Asked by when does he expect an official notification, he couldn’t give a date.
Cyberabad Metropolitan Police Commissioner Ch D Tirumala Rao said, “I am not authorised to give statements on this. I will have to study before making statements.” He too admitted, that his commissionerate had not received any official communication. It is a different matter that the ordinance is there for anyone to see and read on Government of India’s website. So, if a sexual assault occurs now, under what sections will the accused be booked?