 bill no  18  of  2017 the code of criminal procedure (amendment) bill, 2017 bydr thokchom meinya, mp a billfurther to amend the code of criminal procedure, 1973be it enacted by parliament in the sixty-eighth year of the republic of india as follows:—1 (1) this act may be called the code of criminal procedure (amendment) act, 2017short title and statement of objects and reasonsviolence against women in disturbed areas often goes unnoticed due to impunity provided to armed forces under the provision of extraordinary laws of the country this contradicts with the fundamental right enshrined in article 21(a) which relates to protection of life and personal liberty based on the unequal power structures in the society, women are discriminated against and are vulnerable this contradicts with fundamental rights mentioned in article 15 which pertain to prohibition of discrimination on grounds of religion, race, caste, sex or place of birththe provision of international humanitarian laws suggest that women shall be treated with all the regard (article 12 of first and second geneva convention of 1949 and article 14 of third geneva convention of 1949)the most comprehensive international laws for the basic human rights is the 1974united nations general assembly declaration on the protection of women and children in emergencies and armed conflicts, which recognized "the need to provide special protection of women and children belonging to the civilian population" for they are "too often the victims of inhuman acts and consequently suffer serious harm" it prohibited "all forms of repression and cruel and inhuman treatment of women and children, including imprisonment, torture, shooting, mass arrests, collective punishment, destruction of dwellings and forcible eviction"; and condemned attacks and bombings on the civilian population and called for respect of basic human rights and humanitarian law in all casesthe 1993 declaration against violence against women adopted by the united nations general assembly signified an important step in defining violence against women as "any act of gender based violence that results in, or is likely to result in, physical, sexual or mental harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life" this definition comprises not only violence committed by the general community and by family members, but by the state too it also recognized in its preamble that women in situations of armed conflict are especially vulnerable to violencethe resolution on women, peace and security 1325 adopted by the united nations security council in 2000 requested the inclusion of women in peace building and peacekeeping operations and decision-making bodies it also called for the respect of human rights of women and urged the states to refrain from granting impunity to people who have committed genocide, war crimes and crimes against humanity, including those relating to sexual violence against womenthe increase in number of such crimes has been a matter of grave concern for the society and requires to be addressed urgentlythe bill, therefore, seeks to provide for protection of individual liberty, right to life, equality before law and prevention of victimization, prohibition of impunity to military personnels under the grab of extraordinary laws for the lives of vulnerable women in disturbed areashence this billnew delhi;thokchom meinyanovember 18, 2016 annexure extract from code of criminal procedure, 1973section 197 prosecution of judges and public servants     prosecution of judges and public servants(2) no court shall take cognizance of any offence alleged to have been committed by any member of the armed forces of the union while acting or purporting to act in the discharge of his official duty, except with the previous sanction of the central government(3) the state government may, by notification, direct that the provisions of sub-section (2) shall apply to such class or category of the members of the forces charged with the maintenance of public order as may be specified therein, wherever they may be serving, and thereupon the provisions of that sub-section will apply as if for the expression "central government" occurring therein, the expression "state government" were substituted(3a) notwithstanding anything contained in sub-section (3), no court shall take cognizance of any offence, alleged to have been committed by any member of the forces charged with the maintenance of public order in a state while acting or purporting to act in the discharge of his official duty during the period while a proclamation issued under clause (1) of article 356 of the constitution was in force therein, except with the previous sanction of the central government        ———— a billfurther to amend the code of criminal procedure, 1973————(dr thokchom meinya, mp)gmgipmrnd—4058ls(s3)—03022017