RAJIV GANDHI NATIONAL UNIVERSITY OF LAW, PATIALA, PUNJAB

The Project Submitted in Fulfilment of B.A.L.L.B. (Hons.), Sixth

Semester

TOPIC:
Criminal Law (Amendment) Act, 2013: A response to Violence against Women
in India

Submitted to: Submitted by:

Mr. Honey Kumar Priyansh Sharan
Roll no. 15021
Group – 2
B.A.L.L.B (Hons.) 3rd Year
 Contents: -

Introduction: - ................................................................................................................ 3

Violence against Women in India ................................................................................. 5

Verma Committee Report .............................................................................................. 8

Criminal Law (Amendment) Act, 2013 ....................................................................... 10

Conclusion: .................................................................................................................. 12

References: - ................................................................................................................ 13

2
 Introduction: -

The World Health Organization (WHO) defines sexual violence as “any sexual act or
an attempt to obtain a sexual act, unwanted sexual comments, or advances, acts to
traffic or otherwise directed, against a person's sexuality using coercion, by any
person regardless of their relationship to the victim in any setting, including but not
limited to home and work.”1

Violence against women is an international phenomenon. In India, rape, sexual

assault, physical and verbal abuse become especially pervasive given their strong
roots in India’s history and societal norms. The issue of violence against women
grows increasingly urgent, statistics illustrating that violence against women is on the
rise.

A total of 3,27,394 cases of crime against women (both under various sections of IPC
and SLL) were reported in the country during the year 2015 as compared to 3,37,922
in the year 2014, thus showing a decline of 3.1% during the year 2015. These crimes
have continuously increased during 2011 - 2014 with 2,28,650 cases in 2011, which
further increased to 2,44,270 cases 2012 and 3,09,546 cases in 2013, to 3,37,922
cases in 2014.2

Though, it questionable whether these figures reflect an increase in crime or an up in

crime reporting, evidence of institutional and cultural gender injustice remains
inarguable.

A turning point in this story comes with the December 2012 gang rape case in Delhi,
India. Otherwise known as the Nirbhaya Rape case. The subsequent protests
throughout India, the response of the Government and the national dialog that
followed show a very complex and deplorable position of women in India, and our
supposed inability or rather disregard for it.

However, one concrete change to come out of this was the Verma Committee Report.
On December 23, 2012 a three-member Committee headed by Justice J.S. Verma,
former Chief Justice of the Supreme Court, was constituted to recommend

1
Geneva: World Health Organization; 2002. World Health Organization. World report on violence and
health.
2
NCRB, Crime against women, Chapter 5, Annual NRCB Report, Government of India (2016)

3
amendments to the Criminal Law. Certain recommendations of these committee was
enacted in the form of The Criminal Law (Amendment) Act, 2013.

However, this was seen a somewhat was a double edged sword, with many praises
and criticism levied it.

4
 Violence against Women in India

Sex is understood as the biological difference between men and women. Even though
this difference should not matter to how people are seen and treated, the distinction
between both is assigned through by gender and does make a difference.3

Gender violence is a term for wide range of violations, which consist of both the
physical and the sexual, from example ranging from sexual assault in society to
sexual abuse in prison. Women are disproportionately the victims of gender violence,
which happens in different forms in different social contexts throughout the world.4

This is very much applicable in India. Mainly because of the patriarchal structure of
Indian society.

Patriarchy is a social system in which males hold primary power and predominate in
roles of political leadership, moral authority, social privilege and control of property.5

Despite women being honoured as sacred within the Hindu culture, the ancient time
period saw the establishment of the institution of marriage. This developed the
obligation of women to remain in the household, and to birth a son. Women came to
be regarded as both an object of control and one of worship. Required to serve as both
a submissive wife and a beacon of chastity, women soon became defined by the
standards set by their husbands and families.

On one hand they were revered as goddesses, while on the other, their presence and
participation was forbidden in religious practices. This era, and the subsequent
centuries saw the rise of other practices like Sati and Child marriage.

Subsequently, within the British Period (1858-1947), the influence of Victorian

values took hold. Indian culture has been marked by conservatism, and proceeds to
consider sex a taboo. Indirectly, this perception offers cause for violence against
women.6

3
Pryke et al. 2003: 50
4
Merry, Sally Engle (2009), Gender Violence: A Cultural Perspective, Wiley-Blackwell
5
Malti-Douglas, Fedwa (2007). Encyclopedia of Sex and Gender. Detroit: Macmillan
6
Sharma, Radha R., Rupali Pardasani, and Sharda Nandram. “The Problem of Rape in India: a Multi-
dimensional Analysis”. International Journal of Managing Projects in Business 7.3 (2014)

5
Women strongly became considered representatives of Indian culture and spirituality,
and consequently were often kept at home in order to protect and preserve these
entities from foreign influence.

As British colonizers attempted to assert their control over the population, they sought
to reform Indian traditionalism, being strongly critical of women’s lack of autonomy
and role in the family. In response, India gained a particularly gendered model of
nationalism in order to protect what they believed to be an essential part of their
cultural identity.7

This dichotomy also served as the basis of the societal systems we have in the
present. As a consequence of the patriarchy, men are considered of higher value than
women. This establishes the cultural view that sons are preferable to daughters. The
inequality faced by women and girls even results in their denied right to being born.
This is known as Female foeticide.

The 2015 birth rate in India is 1.12 boys for every 1 girl, which largely deviates from
the standard biological rate of 1.04 boys to every 1.06 girl.8

Another problem is Dowry, dowry is the ritual of a bride’s family giving cash and/or
goods to the family of the groom, as an accompaniment to their giving away the
bride. The system of dowry perpetuates oppression and violence against women.

However, the most horrific form that this oppression takes is Sexual violence. The
most common of which is Rape.

As stated previously stated, rape is the fastest growing crime in India. A few sources
report that a rape takes place every 15 minutes in India. While all instances of rape
are horrific, there are a few cases that stand out. One of these is the Nirbhaya Rape
case.

On December 16th, 2012, a 23-year old physiotherapy student was returning home at
around 9:30pm after watching the movie “The Life of Pi” at a theater in Saket, a well-

7
Chatterjee, Partha. The Nation and its Fragments: Colonial and Postcolonial Histories. Princeton:
Princeton UP, 1993
8
Chartoff, Hannah. “India: How to Tackle Violence Against Women at Its Root”. Newsweek. 02 Feb.
2015

6
off neighborhood in South Delhi. She was accompanied by her 28-year old male
engineer friend. While waiting at a bus stop, they were called into a deluxe white bus.

They boarded the bus, with the only other passengers being five men and the driver.
As the bus changed from the expected route and the doors were locked, the male
friend became suspicious and approached the other men. The assailants became
aggressive, and hit the friend over the head. As he lost consciousness, the woman was
dragged to the back of the vehicle, and for the next several hours was brutally gang-
raped and tormented.

The young woman was beaten and violated with a metal rod to such a degree that the
action brought out an estimated 95% of her intestines. After she fell unconscious, she
and her male friend were dumped on the side 18 of the road. The Delhi police later
discovered the victims, bringing the two to an emergency hospital. The young woman
was in extremely critical condition, and underwent multiple invasive surgeries in both
Delhi and a specialty hospital in Singapore. She passed away from a cerebral edema
twelve days after the incident.9

Immediately following the Delhi gang rape, thousands of Indian citizens filled the
streets, within Delhi and across the country. The unprecedented public outcry
withstood time, and even the controlling efforts of police forces, as protesters
demanded justice and change in their legislation and society.

And one response of this was the formation of the Verma Committee.

9
Sikdar, Shubhomoy. "Delhi Gang-Rape: Victim Narrates the Tale of Horror." The Hindu. 23 Dec.
2012

7
 Verma Committee Report

In response to the 2012 Delhi rape, a selected committee under the leadership of Chief
Justice J.S. Verma created a 650-page comprehensive report on existent law preventing
and prosecuting sexual crimes against women, as well as recommendations for needed
improvement. The other members on the Committee were Justice Leila Seth, former
judge of the High Court and Gopal Subramanium, former Solicitor General of India.

The committee sought the expertise and opinion of a diverse set of contributors,
including but not limited to women’s groups, social activists, academia, eminent
persons, National Commissions, lawyers, constitutional bodies, medical personnel,
mental health practitioners.

The report finds that beyond societal standings, the committee argues that ultimately,
the root cause for the unsafe environment for women is failure of good governance. To
improve governance, the State must actively pursue correcting India’s “historical
imbalance in consciousness against women” to enable the empowerment of women,
and through doing so, social, economic and political equality.10

The report supports that existent national laws requires adjustment and properly
execution in order to maintain the safety and dignity of women. It also made many
recommendations for this to happen: -

1. It recommends that punishment for causing death or a "persistent vegetative state"

should be RI for a term not be less than 20 years, but may be for life also, which
shall mean the rest of the person's life. Gang-rape, it suggests should entail
punishment of not less than 20 years, which may also extend to life and gang-rape
followed by death, should be punished with life imprisonment.

2. The panel recognised the need to curb all forms of sexual offences and
recommended- Voyeurism be punished with up to seven years in jail; stalking or
attempts to contact a person repeatedly through any means by up to three years.
Acid attacks would be punished by up to seven years if imprisonment; trafficking
will be punished with rigorous for seven to ten years.

10
Verma, J.S., Leila Seth, and Gopal Subramanium. "Report of the Committee on Amendments to
Criminal Law." New Delhi. 23 Jan. 2013

8
3. Every complaint of rape must be registered by the police and civil society should
perform its duty to report any case of rape coming to its knowledge.

4. A separate Bill of Rights for women that entitles a woman a life of dignity and
security and will ensure that a woman shall have the right to have complete sexual
autonomy including with respect to her relationships.

5. The judiciary has the primary responsibility of enforcing fundamental rights,

through constitutional remedies. The judiciary can take suo motu cognizance of
such issues being deeply concerned with them both in the Supreme Court and the
High Court. An all India strategy to deal with this issue would be advisable.

6. It has said there is an imminent need to review the continuance of AFSPA in areas
as soon as possible. It has also recommended posting special commissioners for
women's safety in conflict areas.

7. It proposed formally training officers in assisting victims irrespective of the offense

in an appropriate, sensitive manner. The police force ought to be expanded in order
to increase oversight.11

These and many other recommendations were made and the report was submitted on
January 23, 2013. The Verma Report has been acclaimed as one of the most
comprehensive, multidimensional report in the pursuit of increasing women’s rights
and safety.

11
Ibid.

9
 Criminal Law (Amendment) Act, 2013

This act was passed based on the recommendations of the Verma report. It was passed
by the Lok Sabha on 19 March 2013, and by the Rajya Sabha on 21 March 2013,
which provides for amendment of Indian Penal Code, Indian Evidence Act, and Code
of Criminal Procedure, 1973 on laws related to sexual offences.
It introduced many new crimes in the Indian Penal Code:
1. Acid Attack - the act of throwing acid or a similarly corrosive substance onto the
body of another "with the intention to disfigure, maim, torture, or kill.12

2. Attempt to Acid attack

3. Sexual harassment

4. Act with intent to disrobe a woman

5. Voyeurism - practice of spying on people engaged in intimate behaviors, such as

undressing, sexual activity, or other actions usually considered to be of a private
nature.13

6. Stalking - unwanted or obsessive attention by an individual or group towards

another person.

It also made some substantial changes to other laws: -

1. Section 370 of Indian Penal Code (IPC) has been substituted with new sections,
370 and 370A which deals with trafficking of person for exploitation.

2. The definition of rape was extended to include acts in addition to vaginal

penetration.

3. A new section, 376A has been added which states that if a person committing the
offence of sexual assault, "inflicts an injury which causes the death of the person
or causes the person to be in a persistent vegetative state, shall be punished with
rigorous imprisonment for a term which shall not be less than twenty years, but
which may extend to imprisonment for life, which shall mean the remainder of
that person’s natural life, or with death.

12
Breaking the silence: addressing acid attacks in Cambodia, Cambodian Acid Survivors Charity
(CASC)
13
Hirschfeld, M. (1938). Sexual anomalies and perversions: Physical and psychological development,
diagnosis and treatment London: Encyclopaedic Press.

10
4. The process of recording the statement of the victim has been made more victim
friendly.

5. The 'character of the victim' is now rendered totally irrelevant.

6. There is now a presumption of 'no consent' in a case where sexual intercourse is

proved and the victim states in the court that she did not consent.

Only a few of the original recommendations were adopted by the Act. This attracted a
lot of criticism from various NGOs and watchdog agencies. The law has been
severely criticized for being gender biased and giving women the legal authority to
commit exactly the same crimes (against which they seek protection) against men
with impunity. Only protects women from being stalked by men. By implication,
women may stalk men with impunity.

The Criminal Law (Amendment) Ordinance, 2013 that preceded the Bill, has been
strongly criticised by several human rights and women's rights organisations for not
including certain suggestions recommended by the Verma Committee Report like,
marital rape, reduction of age of consent, amending Armed Forces (Special Powers)
Act so that no sanction is needed for prosecuting armed force personnel accused of a
crime against woman.14

14
Reddy, B. Muralidhar (3 February 2013). "Despite protest, ordinance on sexual offences
promulgated". The Hindu.

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 Conclusion:

Thus, both the Verma committee report and the Criminal Amendment Act are a step
forward in the long road of a better, more secure future for the Women of India.
However, though it is taking strides forward, these strides are not nearly at the rate
necessary given the extent of the current issue of violence against women. For
example, though the Verma Committee highlights how sexual harassment and
violence are intertwined with economic conditions, it fails to move beyond
observations into progressive recommendations.
The report’s recommendations on criminal law fail to address, in any aspect, cases of
sexual violence and economically and socially vulnerable women in particular.
Thus, more legislations are needed, especially in education and social awareness.
The only way the poison of the oppressive system of the patriarchy can be eradicated
from our society is when member of that society can truly see the hollowness and
pain left in the wake of this system.

12
 References: -

1. Geneva: World Health Organization; 2002. World Health Organization. World

report on violence and health.

2. NCRB, Crime against women, Chapter 5, Annual NRCB Report, Government of

India (2016)

3. Merry, Sally Engle (2009), Gender Violence: A Cultural Perspective, Wiley-

Blackwell

4. Malti-Douglas, Fedwa (2007). Encyclopedia of Sex and Gender. Detroit:

Macmillan

5. Sharma, Radha R., Rupali Pardasani, and Sharda Nandram. “The Problem of Rape
in India: a Multi-dimensional Analysis”. International Journal of Managing
Projects in Business 7.3 (2014)

6. Chatterjee, Partha. The Nation and its Fragments: Colonial and Postcolonial
Histories. Princeton: Princeton UP, 1993

7. Chartoff, Hannah. “India: How to Tackle Violence Against Women at Its Root”.
Newsweek. 02 Feb. 2015

13