 "Rape")
The large-scale media uproar and massive public movement prompted a shocked nation to toughen its stand on rape and sexual violence, with the introduction of new laws to take this malady head on. Ever since, women helpline centres have been set up across the country, the Delhi police is now taking more initiative to track incidents of violence against women. However, reactions and response have varied, and whenever a case is brought to light, there is the initial scramble to push all sorts of regulations. Sadly, all of that lasts only as long as the candlelight vigil.
Change in rape laws
On the recommendations of the Verma committee, Parliament passed the Criminal Law (Amendment) Act, 2013, to create a stringent anti-rape law. Along with widening the definition of rape, the Bill also provided for death penalty for rape in case the victim died or if the perpetrator was a repeat offender. Today, that covers all sorts of sexual offences, such as causing grievous hurt from acid attacks, sexual harassment, use of criminal force on a woman with intent to disrobe, voyeurism and stalking. Jail terms have been increased and most offences are now non-bailable.
Amendments were made to the Indian Penal Code, Code of Criminal Procedure 1973 and Indian Evidence Act 1872 to ensure speedier justice.
Section 376 of IPC was extended and made more powerful, with stringent punishment for sexual assault.
Tinted glass
Since December 16, 2012, Delhi police has intensified its crackdown on all vehicles with tinted glasses and curtains.
Fast-track courts
India is plagued by a shortage of judges and ageing infrastructure. In order to fast-track rape cases and other crimes against women, and to address their woes, as many as 399 fast-track courts have been set up.
Six special courts were set up in Delhi to exclusively try cases of sexual offence. The Delhi HC issued directions to all additional sessions judges in Delhi to try cases of sexual assault on women on a day-to-day basis.
The HC directed the home ministry to increase the number of police control room (PCR) vans in the capital for stricter patrolling of the streets and to ensure better safety for women.
The Juvenile Justice (Care and Protection of Children) Amendment Bill, 2015
The Bill allows for juveniles 16 years or older to be tried as adults for heinous offences like rape and murder. Heinous offences are those that are punishable with imprisonment of seven years or more. The Bill mandates setting up of Juvenile Justice Boards and Child Welfare Committees in every district, each of which must have at least one woman member. Once the Bill becomes law, the decision to try a juvenile aged 16 years or more as an adult will be taken by the Juvenile Justice Board, which will have a judicial magistrate and two social workers as members. If the board decides against it, the juvenile will be sent for rehabilitation.
Legislation and the criminal justice system have dismally failed women in a largely patriarchal and feudal society.
Many activists feel that law cannot replace the society's responsibility towards sensitising people about protecting women.
According to Bharti Sharma, a social activist, “Law is an important tool but it cannot change the mindset.”
Sharma runs an NGO, Shakti Shalini, which aims to fight gender violence and discrimination. Expressing deep concern over amendments in the Juvenile Justice Act, she says, “It's a deception.”
The law states that before trying a juvenile as adult, it will primarily be decided, whether he is mentally an adult or not. “How can you decide whether it is a child's mind or an adult's? It is very crude,” she says.
Various legislation for safeguarding women
The various laws that have been incorporated to safeguard women can be classified under two categories:
The Crime under Indian Penal Code (IPC):
i. Rape (Section 376 IPC)
ii. Kidnapping and abduction for specified purpose (Section 363-373 IPC)
iii. Homicide for dowry, Dowry death or their attempts. (Sec. 302/304-B IPC)
iv. Torture, both mental and physical (Sec.498-A –IPC)
v. Sexual harassment (Sec. 509 IPC)
vi. Importation of girls (Up to 21 years of age) (Sec. 366-B IPC)
Crimes under the Special and local Laws (SLL)- Gender specific laws
i. Immoral Traffic (Prevention) Act, 1956.
ii. Dowry Prohibition Act, 1961
iii. Indecent Representation of Women (Prohibition) Act, 1986.
iv. Commission of Sati (Prevention) Act, 1987
The fact that the number of crimes against women has risen in India, has as brought home the realisation that legislation for safeguarding women will not suffice. The question is whether India is anywhere close to achieving a reduction in the number of rape cases. For women to be safe in this country, the mentality has to change first.
