By TCN News,
New Delhi: Women’s groups have demanded the Union Government to bring amendments in definitional and substantive aspects of the rape law and associated set of laws which deal with sexual harassment, molestation, unnatural offences, kidnapping and abduction of girls and women if it is sincere to curb violence against women. Otherwise the proposed Sexual Offences (Special Courts) Bill, 2010 to fast track sexual violence cases will remain historically a hollow gesture.
In a joint open letter to M. Veerappa Moily, Union Minister for Law and Justice, more than three dozen groups active among women have demanded him to invite public discussion on the proposed bill and push for amendments in definitions of sexual violence in the prevailing laws.
“We are writing to you to emphasize, therefore, that merely bringing in a law to fast track cases through the proposed through the proposed Sexual Offences [Special Courts] Bill, 2010, to make character evidence illegal or to make sexual offences cognizable will not solve the difficulties, beyond the immediate context, furnished by the endless histories of those victimized by sexual violence,” the groups said. Prominent among them include Saheli Women’s Resource Centre, MARG, New Delhi, MAJLIS, Mumbai, Forum against Oppression of Women, Mumbai, ANHAD, Delhi, Sangat, Delhi, Women’s Research & Action Group, Mumbai, Mahila Jan Adhikar Samiti, Rajasthan and Centre for Social Justice, Ahmedabad.
“Unless the definitional and substantive aspects of the rape law and associated set of laws which deal with sexual harassment, molestation, unnatural offences, kidnapping and abduction of girls and women in everyday and extraordinary contexts are amended, the proposed law to fast track sexual violence cases will remain historically a hollow gesture,” the letter reads.
The groups have pointed out lacuna in the present laws dealing with sexual violence.
“While the existing laws have manifold problems, we list some issues here, in the hope that these will inform your concerns for law reform.
1.Sections 375 and 376 IPC define rape as non-consensual penile penetration of the vagina.
The current definition does not include all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vaginal and finger/anal penetration and object/vaginal penetration.
2.Section 375 IPC legalises marital rape of wives above 15 years, by stating that “sexual intercourse by a man with his wife, the wife not being under 15 years of age, is not rape.”
Marital rape should be a crime.
3.The definition of rape does not take into account the experiences of children who are sexually abused. Sexual abuse of both girls and boys is tried under section 377 IPC as unnatural sexual offences but these are not named as forms of sexual violence. The culture of the courtroom remains patriarchal and adult. Questions to the victims, not only blame and humiliate victims, there are a number of pre-trial methods of discouraging children and women from pursuing the complaint. The need for a separate law on child sexual abuse with distinct procedural law and evidentiary rules cannot be overemphasized.
4.The current definitions by providing a clause to mitigate minimum punishments results in lower sentences. Often adequate and sufficient reasons to mitigate a sentence are not recorded or are granted on spurious grounds.
5.Custodial rape, gang rape, rape of dalit and tribal women and children are rarely prosecuted. Victims are forced to turn hostile. In such cases, by bringing in laws to punish perjury, you will ignore the contexts of shame, harassment, intimidation and violence against victims who choose to depose.
6.Sexual violence cases are not registered. If they are registered, the police often produce a weak case. Evidence is not collected properly, test identification parades not carried out, and a host of pre-trial techniques of intimidation prevent complaints.
7.Delay becomes a resource for the accused to ensure an acquittal. It leads to ignominy and harassment and may force a woman to commit suicide. However, if special courts and special prosecutors are appointed, then you should minimally ensure that they receive special training on how to deal with sexual violence trials.
8.Although sexual character is irrelevant to sexual violence trials, the character of the victim continues to inform the cross-examination.
9.The Prevention of Atrocities (SC and ST) Act is often not applied. Most cases are seen as “mere rape” cases rather than atrocity cases. Even gang rape cases take up to 15 years – with most prosecution witnesses turning hostile.
10.In cases where rape is read with the PoA Act, victims face tremendous opposition from the legal system. There is no witness or victim protection program. Most victims of rape have to leave their neighbourhoods once rape complaints become public. There is no program for rehabilitation of rape survivors.
You must change a range of laws which redress rape, child sexual abuse, sexual harassment, molestation, stalking, “parading”, kidnapping and abduction,” the groups demanded and added that there should be a public discussion on the substantive and definitional aspects of the Sexual Assault Bill.
“We are therefore disappointed that you have not yet invited a public discussion on the substantive and definitional aspects of the Sexual Assault Bill which has been pending for many years and has been a longstanding demand of the women’s movement. As you would surely know the 172nd Law Commission Report [dated March 25, 2000] has pointed out the lacunae in the definitions of rape as a sexual offence as per the current definitions of rape in the IPC. Thereafter there was a move to evolve a comprehensive law on sexual violence, in consultation with all women’s groups. However, we do not know why the process of drafting the Sexual Assault Bill was stopped, nor do we fully know why the said Bill has not been shared with women’s groups working on the issue and further, why the Law Ministry has not taken up this Bill forward,” they said.
“We request you to call for a time-bound national discussion in ways that democratically advance law reform. We hope that this government is serious about legislating against and prosecuting sexual violence in India.”
“We demand that the law regarding sexual violence is amended at the earliest, hopefully in the next session of Parliament in the furtherance of its supreme and non-negotiable constitutional responsibility furthering the need of strict and exemplary and strict action against any and all state functionaries who conspires to deny justice to victims of sexual violence. We need scarcely to remind you that this remains a basic obligation of the Union of India as State-Party to the CEDAW. “
The signatories to the letter include:
- Akhila Ramnarayan, Assistant Professor of English, University of Dayton
- Ammu Joseph, independent journalist
- Anand Chakravarti, sociologist
- Anita Abraham, Advocate
- Anuradha Bhasin Jamwal, Executive Editor Kashmir Times
- Arjun Rajkhowa, St. Stephen’s College, DU
- Ashley Tellis, IIT, Hyderabad
- Ayesha Kidwai, JNU
- Charu Rawat, National Law University, Dwarka, New Delhi
- Devangana Kalita, Miranda House
- Divya Chawla, Ist year, National law University, Delhi
- Farah Naqvi, Writer & Activist
- Flavia Agnes, Majlis, Bombay
- Gagan Sethi, Centre for Social Justice
- Imrana Qadeer, JNU
- Manisha Sethi, Jamia Teachers’ Solidarity Association
- Seema Kazi, Researcher, Delhi
- Shabnam Hashmi, Anhad, Delhi
- Vrinda Grover, Advocate and Director, MARG
The letter has also been sent to Prime Minister Manmohan Singh, Congress President Sonia Gandhi, Union Home Minister P. Chidambaram and Girija Vyas, Chairperson, Natonal Commission for Women.
[Photo by 7iber.com]