In a move to widen the ambit of rape law, the government is planning radical amendments to make it gender neutral.
In a move to widen the ambit of rape law, the government is planning radical amendments to make it gender neutral. It has been proposed to replace word “rape” by “sexual assault” in order to include offences against men or male child as well as rape at present is an offence only against a woman or girl.
Sexual assault will define any kind penetration a crime, with exception being for medical or hygienic purposes or sex by a man with his own wife.
However, the sexual relationship with a woman under the age of 16, even if she is a wife, will be viewed as crime as there is a proposal to raise the age of wife for consensual intercourse from 15 to 16 under this law.
As of now under under IPC section 375 (rape), sexual intercourse by a man with his own wife, the wife not being under fifteen years of age, is not rape.
A high-power committee of ministry of home affairs (MHA), headed by secretary MHA is examining the proposal on amendments pertaining to sexual assault in the Indian Penal Code (IPC), Code of Criminal Procedure (CrPC) and Indian Evidence Act.
The draft bill also seeks to enhance punishments for offences under section 354 IPC (assault or use of criminal force with the intention to outrage the modesty of a woman) and 509 IPC (eve-teasing).
There is also plan to widen the range of crimes against the fairer sex. With growing cases of acid attack against women, amendments are being proposed by inserting two new sections in the IPC for creating specific offenses of “hurt by acid attack” and “attempt to throw or administer acid. Besides ministry of women and child development (MWCD) has suggested adding “stalking” as a crime.
It has been recommended that “Hurt by Acid” should be punishable with imprisonment for a term not less than 10 years, which may extend to life with fine extending up to Rs10 lakh. The fine imposed will be given to victims.
“Attempt to throw or administer acid with intent of causing harm” will be punishable by a term not less than 5 years, which may extend up to 7 years, along with fine. The MWCD has recommended that in case the offender is unable to pay fine, the term of punishment should be increased as a deterrent. However, it has also suggested that in case the accused is unable to pay the fine or is not caught the state should compensate the victim.
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