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Source: Times of India
Changes to the criminal law dealing with offences against women cleared by the Cabinet aim to not only add specific new crimes but move the focus from interpreting terms like "modesty of a woman" to clear cut definitions of unwelcome sexual acts.
The government has acted on the Justice J S Verma committee's view that provisions dealing with sexual assault need to be looked at afresh in the light of the need to cover a range of offences that need a higher degree of punishment.
Intentional contact intended to harass a person or threat of sexual violence will be dealt with under the enhanced definition of sexual assault that seeks to plug loopholes exploited by offenders seeking to argue subjectively on what constitutes "outraging the modesty of a woman".
The government, however, did not accept the Verma committee's view on criminalizing marital non-consensual intercourse. The issue of rape by armed forces as a specific category was also not accepted.
The pending Criminal Law Amendment Bill, 2012 criminalizes sexual activities between the age of 16 to 18 years with which the Verma committee did not agree. This will mean that once the bill is passed, age of consent will become 18.
Acid attacks, a frequently reported crime often motivated by desire for revenge on an advance being rejected or a relationship souring, are seen in the context of the long-term impairment caused to a victim's right to live with dignity.
Besides the act of throwing acid on a woman, the permanent or partial damage caused to the victim should be taken into account, the Verma committee had recommended.
Just like acid attacks, public disrobing of women is often resorted to as an act of vengeance for being spurned. Additionally, caste prejudice and women being relatively defenceless victims for enmity harboured with male members of a family also lead to disrobing.
Stalking has been seen by the Verma committee as an act that can curb a woman's right to freedom of expression and even education in terms of younger victims. The specific offence will deal with acts of electronic intrusion and hacking. It will also address attempts to foist unwelcome attention and threat of violence.
The tough and graded punishments for rape, rape that results in severe physical damage and rape that leads to death are important amendments that have been dealt with. Aggravated rape will be punishable with 20 years jail or life term than will mean till the extent of natural life.
Changes in laws dealing with evidence are particularly significant. The question of moral character will not be put to a woman during cross-examination and there will be a presumption of lack of consent in certain prosecution cases.
Just as moral character will not be factor, neither will the sexual history or experience of a victim be deemed relevant in adjudging whether sexual assault has been committed.
This will mean that if sexual intercourse is established by the prosecution, the issue that will need to be evaluated is one of consent.
Changes to law will clearly define unwelcome sexual acts
TNN | Feb 2, 2013Changes to the criminal law dealing with offences against women cleared by the Cabinet aim to not only add specific new crimes but move the focus from interpreting terms like "modesty of a woman" to clear cut definitions of unwelcome sexual acts.
The government has acted on the Justice J S Verma committee's view that provisions dealing with sexual assault need to be looked at afresh in the light of the need to cover a range of offences that need a higher degree of punishment.
Intentional contact intended to harass a person or threat of sexual violence will be dealt with under the enhanced definition of sexual assault that seeks to plug loopholes exploited by offenders seeking to argue subjectively on what constitutes "outraging the modesty of a woman".
The government, however, did not accept the Verma committee's view on criminalizing marital non-consensual intercourse. The issue of rape by armed forces as a specific category was also not accepted.
The pending Criminal Law Amendment Bill, 2012 criminalizes sexual activities between the age of 16 to 18 years with which the Verma committee did not agree. This will mean that once the bill is passed, age of consent will become 18.
Acid attacks, a frequently reported crime often motivated by desire for revenge on an advance being rejected or a relationship souring, are seen in the context of the long-term impairment caused to a victim's right to live with dignity.
Besides the act of throwing acid on a woman, the permanent or partial damage caused to the victim should be taken into account, the Verma committee had recommended.
Just like acid attacks, public disrobing of women is often resorted to as an act of vengeance for being spurned. Additionally, caste prejudice and women being relatively defenceless victims for enmity harboured with male members of a family also lead to disrobing.
Stalking has been seen by the Verma committee as an act that can curb a woman's right to freedom of expression and even education in terms of younger victims. The specific offence will deal with acts of electronic intrusion and hacking. It will also address attempts to foist unwelcome attention and threat of violence.
The tough and graded punishments for rape, rape that results in severe physical damage and rape that leads to death are important amendments that have been dealt with. Aggravated rape will be punishable with 20 years jail or life term than will mean till the extent of natural life.
Changes in laws dealing with evidence are particularly significant. The question of moral character will not be put to a woman during cross-examination and there will be a presumption of lack of consent in certain prosecution cases.
Just as moral character will not be factor, neither will the sexual history or experience of a victim be deemed relevant in adjudging whether sexual assault has been committed.
This will mean that if sexual intercourse is established by the prosecution, the issue that will need to be evaluated is one of consent.
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