Recommendations for changing rape laws might gathering dust
Time and again, the anomalies and inefficiencies of the Indian laws and judicial system have been exposed. Often, justice has been far from served. Moreover, law and governance have failed to keep the growing crime rate under check or act as a deterrent. The increasing number of crime cases against women (more so in Delhi) is a case in point here. As per the National Crime Records Bureau (NCRB), rape is the biggest crime in India with 24,206 cases registered in 2011 (22,172 in 2010). Moreover, the dismal conviction rate – at a mere 26 per cent between 2008 and 2011 – is a bigger worry.
Many would argue that this is a trivial number in comparison to the cases registered in some of the Western countries like Sweden, England or even the US. But the reality is, in the Western countries, the definition of rape covers a much broader crime cases related to sexual assault. For instance, British law considers any form of sexual assault as rape. In Scotland, intentionally touching a woman sexually or coercing a person to be present during a sexual activity to humiliate the person is also considered as rape. In India, only sexual intercourse is considered as rape and is punishable under Section 376 of the IPC – any other forms of sexual assault is charged under Section 354 (outraging a women’s modesty) which is bailable. Due to such an expansive application, many cases of rape go unreported – that is, if the police even agree to record the crime.
However, the government seems to have finally woken up on the backdrop of massive protests in the capital after the recent brutal gang-rape case. A committee headed by Justice JS Verma was formed to suggest amendments in the IPC by studying the best practices from the Western countries to make it more stringent to prevent rape cases. The committee received an overwhelming 80,000 suggestion from advocates, judges, police, politicians, NGOs and activists. Although the report has done away with capital punishment or chemical castration, the severity of punishment has been increased to lifelong imprisonment and the punishment for gang-rape cases has been increased to 20 years minimum from seven. For repeating the crime, a life-term in jail has been suggested. The committee has also recommended a Bill of Rights for women to be introduced on the lines of what is practised in New Zealand and South Africa. The fact remains that many committee recommendations have never been formally accepted. Of course, more than laws, literacy and changes in civic mind-set are imperative to increase the respect for women; yet, the change would start only once the recommendations are finally made into law.
Time and again, the anomalies and inefficiencies of the Indian laws and judicial system have been exposed. Often, justice has been far from served. Moreover, law and governance have failed to keep the growing crime rate under check or act as a deterrent. The increasing number of crime cases against women (more so in Delhi) is a case in point here. As per the National Crime Records Bureau (NCRB), rape is the biggest crime in India with 24,206 cases registered in 2011 (22,172 in 2010). Moreover, the dismal conviction rate – at a mere 26 per cent between 2008 and 2011 – is a bigger worry.
Many would argue that this is a trivial number in comparison to the cases registered in some of the Western countries like Sweden, England or even the US. But the reality is, in the Western countries, the definition of rape covers a much broader crime cases related to sexual assault. For instance, British law considers any form of sexual assault as rape. In Scotland, intentionally touching a woman sexually or coercing a person to be present during a sexual activity to humiliate the person is also considered as rape. In India, only sexual intercourse is considered as rape and is punishable under Section 376 of the IPC – any other forms of sexual assault is charged under Section 354 (outraging a women’s modesty) which is bailable. Due to such an expansive application, many cases of rape go unreported – that is, if the police even agree to record the crime.
However, the government seems to have finally woken up on the backdrop of massive protests in the capital after the recent brutal gang-rape case. A committee headed by Justice JS Verma was formed to suggest amendments in the IPC by studying the best practices from the Western countries to make it more stringent to prevent rape cases. The committee received an overwhelming 80,000 suggestion from advocates, judges, police, politicians, NGOs and activists. Although the report has done away with capital punishment or chemical castration, the severity of punishment has been increased to lifelong imprisonment and the punishment for gang-rape cases has been increased to 20 years minimum from seven. For repeating the crime, a life-term in jail has been suggested. The committee has also recommended a Bill of Rights for women to be introduced on the lines of what is practised in New Zealand and South Africa. The fact remains that many committee recommendations have never been formally accepted. Of course, more than laws, literacy and changes in civic mind-set are imperative to increase the respect for women; yet, the change would start only once the recommendations are finally made into law.
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