New strict anti-rape laws proposed in India

V.K. Anand, lawyer for one of the accused, speaks to journalists outside the Saket district court complex where the five men facing charges of rape and murder of a 23-year-old woman aboard a moving bus in the capital last month stand trial, in New Delhi, India, Monday, Jan. 21, 2013. Legal proceedings in the fatal gang-rape attack on the student in India's capital began Monday in a new fast-track court set up to deal specifically with crimes against women that has stirred debate over how best to deliver justice to rape victims. <AP Photo/Saurabh Das>

The Justice Verma committee, which was set up after the horrific gang rape and assault on 16 December killed a 23-year-old in Delhi, submitted its recommendations for strict anti-rape laws.

The three-member committee headed by Justice JS Verma was set up by the government to look into women’s safety, existing legislations and suggest changes to check crimes against women.

The panel has also studied the possibilities of enhanced punishment for criminals who have been accused of committing sexual assault of an extreme nature. It also proposes enhanced punishment for other crimes against women like stalking, voyeurism, acid attacks, indecent gestures like words and inappropriate touch and brings into its ambit ‘marital rape.’

However, the committee has received a wide range of suggestions during its tenure ranging from the weird to the extreme. The nation’s two biggest political parties have also sent their recommendations to the committee along with social groups and individuals.

Women’s groups that have sent a joint memorandum to the committee have sent a range of demands which includes: fast-track courts for all cases of sexual assault, investigation of all cases of sexual assault within a month; witness-protection legislation; refusal of bail to the accused during the trial period; standard operating procedures to be followed by the police, and doing away with the “two-finger test” for a victim of sexual assault.

The Congress had suggested to the committee that rapists should be given life imprisonment and a death sentence must be reserved only in rarest of rare cases.

The Indian People’s Party(Bharatiya Janata Party) had recommended including death penalty as punishment for those convicted of gang rape, abduction and rape, and custodial rape among other suggestions.

BJP welcomed the ordinance providing for tough punishment including death sentence if a rape victim dies or is left in vegetative state, saying it supports strict laws but insisted on improving policing to ensure safety of women.

“The BJP is in support of strict laws. In Parliament, we will elaborate our views regarding this. For the security of women, there should be genuine and effective law. But good policing and good governance are equally important,” party spokesperson Ravi Shankar Prasad said. He said the party was supportive of all effective measures to deal with crime against women.

As per the ordinance, rape that leads to death of the victim or leavea her in a vegetative state can now attract death penalty.

“It was the BJP which mentioned that acid attack cases should be made a separate offence. We are happy that has also been recommended but what is very important to know is that unless there is good policing and good governance, then mere change of law will not bring in the desired result,” Prasad said.

The AsiaN Editor news@theasian.asia