A CHANGE WITH THE J.S VERMA COMMITTEE.

The J.S.Verma committe ventured out with bringing a quicker trial and crueler mean of
punishment for rape. Within 30 days from submitting the notification the committee
set on revising and substituting sections 375,376,376A to 376D of the Indian Penal
Code for making laws regarding sexual assault on women and girls trafficking, child
sexual abuse, medical examination of victims, police, electoral and educational reforms.

HIGHLIGHTS

Rape: The Committee sought that rape and marriage is not pleasure inducing devices
but also about power play and rape doesn’t mean penetration of the anus vagina but all
forms of non- consensual sexual assault shall be rape. According to the IPC there is a
difference between rape within and outside marriage so the committee wanted the
exception to rape be removed because marriage does not imply consent to sexual
activities every time and any time.

Sexual assault: Using criminal force and outraging a women’s modesty is punishable
under section 354 of the code. Since the code doesn’t define sexual assault hence any
non penetrative activity is punishable with 2 years of imprisonment. The committee
sated that non consensual outrage of a women’s modesty or any act of sexual nature
being non penetrative and non consensual should be punishable five years imprisonment
or fine or both. Use of criminal force to disrobe a woman should be punishable with 3 to
7 years of imprisonment.

Verbal sexual assault: The committee suggested that using words or gestures or any
act which creates a threat of sexual nature to any woman must be punishable in
accordance with section 509 of the Code that is one year imprisonment or fine or both.

Sexual harassment: Recommendations by the committee on Sexual Harassment of

Women at Workplace (Prevention, Prohibition and Redressal) Bill, 2012 pending in
Parliament are provided below:

 Domestic workers must be within the preview of the Bill.

 Conciliation between the two parties is first sought. It contrasts with the case
Vishakha vs. State of Rajasthan aiming for secure workplace environment for
women
 The employer is liable for compensation to the woman who has suffered sexual
harassment.
 There should be an Employment Tribunal to receive and adjudicate all complaints
as opposed to any internal committee.

Acid attack: The Committee stated that acid attack is not just grievous hurt
punishable with seven years imprisonment but must be punishable with ten years
imprisonment and proper compensation by the centre ad state to the victims.

Offences against women in conflict areas: Armed Forces (Special Powers) Act
(AFSPA) in conflict areas needs to be revisited The committed has suggested that
whenever any sexual assault is alleged against armed personal the sanction from centre
is not required. proper protection must be given in these conflicted areas by appointing
special commissioners.

Trafficking: Immoral Trafficking Prevention Act, 1956 is not comprehensive as it only

includes prostitution but also include criminalising prostitution by threat, force or
inducement. It also recommended criminalising employment of a trafficked person.

Child sexual abuse: the Juvenile Justice Act, 2000 to include mental and physical
health of the juveniles is taken into account.

Punishment for crimes against women: The committee recommended that chemical
castration against rape be replaced by imprisonment for life .

Medical examination of a rape victim: the committee wishes to ban the two finger
test and enquiring about the woman’s past sexual affairs.

Police reforms: A Police Establishment Board will determine transfer postings and
promotions .
Reforms in management of cases related to crime against women:

 A Rape Crisis Cell must provide legal assistance to all victims and lodge the fir.It
is imperative to install CC tvs
 A complainant should be able to file FIRs online.
 Police officers irrespective of the crime’s jurisdiction must assist at all times.
The police should be trained to deal with sexual offences appropriately.
 Number of police personnel should be increased.

Education reforms; Education children from an early age about the good touch and bad
touch are imperative and adult literacy programmes must be instituted.

THE DOMESTIC VIOLENCE ACT 2005

The act passed in 2005 is a good remedy for married women but it fails to criminalise
marital rape and doesn’t establish the fact that marital rape besides being a penal
crime is also violative of the Fundamental Rights under article 14 and 21.

CASE ANALYSIS

In Nineshbhai Bharatbhaidesai v. Sate of Gujrat on 2nd April 2018 was a case that
touched upon marital rape and unnatural carnal activity. The bench observed that a
wife is not a piece of mass available for her spouses sexual needs whenever and
whatever time he so desires. The husband having a sexual relationship with his wife is
performing his marital duties as well. The applicant was accused by his wife for
coercing her to perform unnatural sexual activity non -consensually but the accused
took the defence that marital rape is not a criminal act. The respondent stressed on
the case of marital rape and the court looked up several provisions but ultimately the
husband could be prosecuted under section 377 for unnatural carnal activity but not
for raping his lawfully wedded wife under section 375.