Fighting sexual violence in India

A new law passed by the Indian Parliament aimed at addressing sexual violence has several deficiencies and also violates India’s international legal obligations, according to human rights group Amnesty International. The upper house of the Indian Parliament passed the Criminal Law (Amendment) Act, 2013 on Thursday and the law will come into effect once it is signed by the President. Ananth Guruswamy, Chief Executive of Amnesty International India, said “The new law does have some welcome features. It commendably criminalises several forms of violence against women including acid attacks, stalking and voyeurism. It is more sensitive to the needs of disabled persons, provides for certain victim-friendly evidentiary procedures and removes the requirement of government permission for prosecution of public servants accused of rape and some forms of sexual violence. However the law is disappointing in other respects. It fails to address other kinds of violence against women, sets the age of consent at 18, and reduces victims’ access to health care and legal assistance. The Act sets back much of the progress made on these issues by the Justice Verma Committee. It also introduces deeply regressive provisions, like the use of the death penalty and life imprisonment without the possibility of release for certain offences." In December, the gang rape and death of a 23-year old woman in Delhi sparked demands for criminal law reform in India. The Government set up a three-member committee headed by former Supreme Court Chief Justice JS Verma to review laws against sexual assault. However, in February, the President signed the Criminal Law (Amendment) Ordinance, 2013, which ignored many of the key recommendations of the Verma Committee. Here are a few key features of the Act: The Act retains the exception for rape committed by a man on his wife when she is over 15 years of age. Only rape committed within a marriage when the spouses are living separately can be punished, and then with a lower sentence than that given to rape outside a marriage. This exception violates women’s rights to equality and sexual autonomy. International law requires that no exemptions be made for perpetrators of sexual violence because of their marital status. The exception that allows for the rape of married girls between the ages of 15 and 18 by their husbands also violate India’s international legal obligations to protect children from abuse. The Act introduces the death penalty for sexual assault that results in death or a persistent vegetative state for the victim, or in the case of certain repeat offenders. Amnesty International opposes the death penalty in all cases without exception as the ultimate cruel, inhuman, and degrading punishment and a violation of the right to life. The Verma Committee also chose not to recommend the death penalty for any offence. Two-thirds of all countries worldwide do not use the death penalty, reflecting a global trend towards its abolition. By defining rape in terms of acts committed by a man against a woman, the Act ignores the recommendations of the Verma Committee to criminalise sexual assault of men and transgender individuals. Rape committed against any person, regardless of gender, should be criminalised. India’s international law obligations require it to ensure that all individuals are equally protected from violence, without distinction of any kind.