Wow! 60% special discount in rape
A rape is a rape after all
whoever commits it. However, our age old Indian Penal Code framed by British in
1860 gives around 60 per cent discount in rape punishments and privileges to
certain category of people. We have a woman President, a woman Speaker and a
powerful woman Congress Chairperson. Still it is a shame that we encourage to
give the concession for rape to police officers, medical superintendents and
government officials by giving the maximum punishment of three years whereas a
common citizen gets minimum seven years imprisonment.
Forget the illiterate women, how
many educated women know about this ambiguity and discrepancy in our outdated
law. When we will throw out the old laws with disparity and haziness and make
new laws? Had something constructive and meaningful were done by making
changing, amending and modifying the punishment for rape? Otherwise the time
will record the celebrations in the centenary year of international woman's day
were as Hippocratic. Are you listening dear women activists? Please rise and
act now. Do you think Lalu Prasad YadavLalu Prasad Yadav,
Mulayam Singh YadavMulayam Singh Yadav,
Sharad PawarSharad Pawar,
AshokAshok Chavan or even your local MLA or
corporator will come forward to express their solidarity with you?
According to the National Crime
Records Bureau (NCRB), sexual offences in India are increasing year after year.
Many sexual offences go unreported and not recorded. Therefore, based only on
the reported sexual offences data of NCRB, we cannot understand the exact level
of sexual offences occurred in India during a particular period. There are many
drawbacks in our system.
Like anywhere in the world, sex
workers play a vital role in India directly and indirectly in controlling
sexual offences. In a move aimed at bringing sex workers into mainstream of
society, on June 15, 2004 the then union Minister of State for Human Resource
Development Kanti Singh announced that the UPA government was considering a
proposal to introduce a licence system for sex workers across India. It remains
a mere nice consideration-thought after six years.
There are more than 20 lakh sex
workers in India now. Prostitution in India is tolerated to a certain extent so
far as a prostitute practised her trade in private. In India the sale of one’s
own bodily sex to a male customer by an adult woman on her own free will in her
private premises is not illegal. However, organised prostitution is illegal.
Many NGOs, social scientists,
workers from medical profession and sociologists opined that the Women and
Child Development Minister should take initiation to legalise prostitution in
India. Though the previous Women and Child Development Minister Renuka
Choudhary encouraged this thought endorsing her views at different platforms,
no decision has been taken in this matter until now.
The British introduced the
written Indian Penal Code in 1860 and their aim was to make it best suitable
for their own needs and to take advantage of the situation at all time to rule
India. The Constitution of India adopted on 26th November, 1949 and came into
existence on 26th January, 1950. Later on, though we have made many amendments,
modifications and additions in the Indian Penal Code, 1860 the sexual offence
section has not changed substantially suitable to the independent citizens of
India and the current time.
Every day we come across with the
news of rape, molestation, sexual abuses, blackmailing for sexual favours etc.
In my opinion, there is imprecision, disparity and divergence while discussing
the sexual offences in the Indian Penal Code. Due to this disparity, ambiguity
and loopholes, Indian female folks largely are suffering and fall victims of
sexual offences and hence the sexual offences are increasing year after year at
an alarming level.
It is a pity that after 60 years
of independence we still follow the very old 1860 British Indian Penal Code
sections for sexual offences, which are conveniently made as law for their
benefits. IPC 375 deals with rape and the nature of rape is described in six
different ways. An exception states, “Sexual intercourse by a man with his own
wife, the wife not being under fifteen years of age, is not rape.” The Manipur
state later amended the age clause of the wife from “fifteen years” to
“thirteen years”.
Indian Penal Code Sections 376,
376A, B, C and D deal with the punishment for rape. Here we can see the
disparity and haziness. Whoever, except in the case provided for by sub-section
(2), commits rape shall be punished with imprisonment of either description for
a term of which shall not be less than seven years but which may be for life or
for a term which may extend to ten years and shall also be liable to fine
unless the woman raped is his own wife and is not under twelve years of age, in
cases, he shall be punished with imprisonment of either description for a term
which may extend to two years or with fine or with both.
The sub-section (2) describes if
a police officer rapes a woman in custody, a public servant rapes a woman
subordinate taking advantage of his official position, being on the management
or staff of a jail and rapes a woman, being the management and staff of a
hospital and rapes a woman, commits rape on a woman knowing her to be pregnant,
commits rape on a woman when she is under twelve years of age—in all these
cases the punishment shall be normally with a description for a term not
exceeding three years. A rape is a rape irrespective of it committed by an
ordinary person, police officer, doctor, government officer, jail
superintendent or a priest and generally, the punishment should not be
discriminated. Our judicial system, legal experts, sitting and retired judges,
advocates, sociologists, social workers, intellectuals, writers, journalists,
NGOs, ministers, parliamentarians, elected members of legislature assembly and
civic bodies, public servants, teachers and people from all walks of life
should study the sexual offences scenario in India in detail and actively take
part to debate and review the sections of IPC 375, 376 and 376A to D and
appropriate additions, changes or amendments to be made by the parliament and
if necessary new sections to be added in the Indian Penal Code to contain the
sexual offences. We must complete the task in a time-bound manner within six
months. The rewriting the sexual offences sections of IPC should be vision,
soundness and to uphold the integrity, unity and security of the nation.
It should never be a mere
outburst of egoism, generalisation of an exceptional case and appeasement of
cheap political tantrum aiming the vote bank. I recall an incident occurred few
years back. There was an interesting scene at a futile meeting of a Group of
Ministers in New Delhi. The then Union Minister for Women and Child Development
Renuka Choudhary wanted that if any man found in a brothel with a minor girl to
be charged with rape or attempt to rape and to punish for a minimum period of
seven years, and the responsibility to prove his innocence would lie with the
accused. The Group of Ministers (then) headed by Home Minister Shivraj PatilShivraj Patil, Minister of Science and
Technology
Kapil
SibalKapil Sibal, Panchayati
Raj Minister Mani
ShankarShankar Aiyar, Health Minister Anbumani
Ramadoss and Minister for Social Justice and Empowerment
Meira KumarMeira Kumar were among others besides Renuka
Choudhary. All opposed Renuka’s proposal and in retaliation, it is believed,
she accused her male colleagues of being “chauvinists”.
The punishment for sexual
offences should be reviewed and stringent measures to be taken by rising the
punishment period and fine and bring parity and conducting fair, unbiased and
transparent trials with a fixed time frame, but by applying common sense,
practical methods and wisdom.
Nevertheless, there is a ray of
hope for sexual offence victims. The government has already cleared a proposal
with bold changes in the Criminal Procedure Code (CrPC). The major changes of
the proposal are completion of the trial within two months after examination of
witnesses begins (and adjournment will not be granted), as far as practicable a
woman judge to hear cases, investigation of case at victim’s residence and as
far as practicable by a woman police officer, questioning of the victim in
presence of her parents or a social worker of the locality at the location of
their choice and court not to take cognizance of an offence under IPC section
376 (punishment for rape) where such offence is alleged by a man’s wife who is
under 18 years of age. The proposed legislation was to get parliament nod
earlier and if the legislation is passed, it will be a landmark in the history
of punishment for sexual offences and the law in India.
Nevertheless, if the
controversial Sexual Offences (Special Courts) Bill, 2010, introduced in
Parliament two weeks back, gets a nod, a woman in her position could land in a
right legal mess.
The Bill, which is touted as
being gender neutral, proposes the introduction of a new section — 376 (E) — to
the Indian Penal Code, 1860, on unlawful sexual acts. “Whoever touches directly
or indirectly, with a part of the body or with an object, any part of the body
of another person (not being the spouse of such person), with sexual intent and
without the consent of such other person, shall be punished with simple
imprisonment for a term which may extend to two years or with fine or with
both,” it says.
The Bill does not specify the sex
of the victim. So in effect a man can accuse a woman — or another man — of
sexual abuse. But ironically, the Bill has its seeds in the 172nd report of the
Law Commission of India, and recommendations drafted by women’s groups around
the country, spearheaded by the National Commission for Women (NCW).
References
· Indian Penal Code 1860 and its
various amendments.
· National Crime Records Bureau
· Sexual Offences (Special Courts)
Bill, 2010
· National Commission for Women (NCW)
Published in the Afternoon News in 2009