Note4Students
From UPSC perspective, the following things are important :
Prelims level: Verma Committee Recommendations
Why in the News?
- The recent brutal rape and murder case in Kolkata has sparked widespread calls for the death penalty for the accused.
- The Justice J.S. Verma Committee, formed in response to the 2012 Delhi gang rape, recommended against the death penalty for rape, even in the rarest of rare cases, arguing that it would be a regressive step.
About Justice J.S. Verma Committee Recommendations
Recommendations on |
Explanation |
| Rape | • It recognized rape as a Crime of Power, not just passion. • Expand definition to include all forms of non-consensual penetration. • Remove marital rape exception; marriage should not imply automatic consent. (European Commission of Human Rights in C.R. vs U.K) |
| Sexual Assault | • Broaden definition to include all non-consensual, non-penetrative sexual acts. • Penalty: Up to 5 years of imprisonment or fines. |
| Verbal Sexual Assault | • Criminalize unwelcome sexual threats. • Punishable by up to 1 year in prison or fines. |
| Sexual Harassment at Workplace | • Include domestic workers under protections. • Replace internal complaint committees with Employment Tribunals. • Employers to compensate victims of sexual harassment. |
| Acid Attacks | • Propose a 10-year minimum punishment, separate from grievous hurt. • Establish a compensation fund for victims. |
| Women in Conflict Areas | • Review AFSPA; exclude government sanction for prosecuting sexual offenses by armed forces. • Appoint special commissioners to monitor offenses. |
| Trafficking | • Comprehensive anti-trafficking laws beyond prostitution. • Protective homes for women and juveniles overseen by High Courts. |
| Child Sexual Abuse | • Define ‘harm’ and ‘health’ in the Juvenile Justice Act to include both physical and mental aspects. |
| Death Penalty | • Opposed chemical castration and death penalty for rape. • Recommend life imprisonment. |
| Medical Examination of Rape Victims | • Ban the two-finger test; victim’s past sexual history should not influence the case. |
| Reforms in Case Management | • Set up Rape Crisis Cells, increase police accountability, allow online FIR filing. • Encourage community policing and increase police personnel. |
Union Cabinet’s Decision on the Death Penalty
- The Union Cabinet, while clearing an ordinance on sexual assault in 2013, chose NOT to adopt the committee’s recommendation against the death penalty.
- Key amendments included:
- Section 376A: Death penalty for rape leading to the death of the victim or reducing her to a persistent vegetative state.
- Section 376E: Death penalty for repeat offenders.
- 2018 Amendments: Death penalty for gang rape of a victim under 12 years (Section 376DB) and life imprisonment for rape of a victim under 16 years (Section 376DA).
- The Bharatiya Nyaya Sanhita (BNS) includes similar provisions for rape, with specific sections detailing the punishment, including the death penalty for certain cases.
PYQ:[2014] We are witnessing increasing instances of sexual violence against women in the country. Despite existing legal provisions against it, the number of such incidences is on the rise. Suggest some innovative measures to tackle this menace. |
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