Justice Verma Committee report on reform in anti-rape laws

The Justice J S Verma committee which was set up to suggest ways to make rape laws stronger in the country (after the gruesome gang rape of a trainee physiotherapist in Delhi last month), submitted its report. 

Highlights of the report are:

a) New offences have been created and stiffer punishment has been suggested. The new offences include disrobing a woman, voyeurism, stalking and trafficking.

b) It has recommended enhancing the duration of punishment to up to 20 years in jail for rape leading to death or the victim being reduced to a vegetative state and life for gang rape. In case of gang rape leading to death, the person should be imprisoned for life. The present law provides for imprisonment to rapists ranging from seven years to life.

c) The panel sought amendments to Section 100 of the Indian Penal Code dealing with the right of private defence, which extends to causing death.

d) The committee rejected the suggestion of chemical castration of rapists as it considered handing down such a punishment would violate human rights and that mutilation of the body is not permitted under the Constitution.

e) The committee has also touched upon marital rape and safety of women in conflict zones suggesting a review of the Armed Forces Special Protection Act (AFSPA) that can be used by the forces for exploiting women in areas of conflict.

f) According to the report the judiciary has the primary responsibility of ensuring fundamental rights through constitutional remedies. The CJI can take suo motu cognizance; social activists should assist the court. The Chief Justice of the high court of every state should device appropriate machinery for administration and supervision of these juvenile homes in consultation with experts in the field.

g) All marriages in the country -- irrespective of the personal laws under which such marriages are solemnised -- should mandatorily be registered in the presence of a magistrate and the magistrate will ensure that the marriage has been solemnised without any demand for dowry having been made and that the marriage has taken place with the full and free consent of both partners.

h) Medical examination of victims of sexual assault which were prepared on the basis of the best practices advised by global experts in the field of gynaecology and psychology.

i) Trafficking of minor children must be made a serious offence. Trafficking must be punished with rigorous imprisonment for a term which shall not be less than seven years, but which may also extend to 10 years.

j) There is also a suggestion to bar elected representatives from holding office or for candidates to file nomination for election if a court has taken cognizance of the charge-sheet filed by the investigating agency.