About State Changes in Rape Law: UPSC Current Affairs

STATE CHANGES IN RAPE LAW

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Context:

The West Bengal State Assembly has passed Aparajita Bill that introduced death penalty in rape cases.

Key highlights of the Aparajita Bill

It amended existing laws to make the death penalty as the maximum punishment for all rape cases.
- - Earlier, the highest punishment could be life imprisonment.
  - Now, if an incident of rape leads to the Victim’s death or brain dead or coma, the death penalty will be mandatory.
Establish a special task force in each district to handle rape investigations.
Special courts will be set up to ensure speedy trials with a timeline for investigation and trial.
It amended the sections of the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nyaya Suraksha Sanhita (BNSS), and the Protection of Children Against Sexual Offences (POCSO) Act.
- - The bill replaced all other punishments with life imprisonment for acid attacks.
  - It extended the death penalty in the case of penetrative sexual assault under POSCO.
It increases penalties for repeat offenders and tightens regulations around disclosing victim identities and publishing court proceedings.

Bill Passed by other states against Rape

Disha Bills: Andhra Pradesh

●It introduced the death penalty for rape, gang rape and repeat offenders.

●To establish special police teams and exclusive special courts to handle sexual violence cases.

●It defined a timeline for ensuring speedy investigation.

●Create a registry to maintain details of offenders against women and children, which would be accessible to law enforcement agencies.

●Like the Aparajita Bill of West Bengal, the Disha bill is also waiting for the president's assent to become law.

Shakti Bill: Maharashtra

●It introduced the death penalty for rape and acid attacks.

●It imposes penalties on social media platforms and data providers for failing to share information with investigating agencies in case of crime against women.

●It amended the POCSO Act to include the death penalty for certain sexual offences against minors.

●The bill is waiting for the president's approval.

Laws Related to Rape in India
Definition of Rape (IPC Section 375)	Rape is defined under Section 375 of the Indian Penal Code (IPC) as sexual intercourse under circumstances falling into one of the following categories: ●Against her will. ●Without her consent. ●With consent obtained by fear of death or hurt. ●With consent given under the belief that the man is her lawful husband, but he is not. ●With consent given when the woman is incapable of understanding the nature of the act due to unsoundness of mind or intoxication. ●With or without consent if she is under 16 years of age.
Criminal Law (Amendment) Act, 2013	●Minimum sentence for rape increased from 7 years to 10 years. ●For cases resulting in death or vegetative state, the minimum sentence is 20 years. ●Juvenile offenders aged 16-18 can be tried as adults for heinous crimes.
Protection of Children from Sexual Offences (POCSO) Act, 2012	Designed to protect children from sexual abuse and exploitation: ●Gender-neutral and prioritises the best interest of the child. ●Defines various forms of sexual abuse including penetrative and non-penetrative assault. ●Provides for strict punishments, including life imprisonment and fines. ●Includes provisions against child trafficking and pornography.
Rights of Rape Victims	●Victims can file an FIR in any police station, and it will be transferred to the appropriate jurisdiction. ●Hospitals must provide free treatment under Section 357C of the Criminal Procedure Code (CrPC). ●Banned no Two-Finger Test, as it violates privacy; medical examination should focus on evidence of assault. ●Statements recorded by female officers at a convenient time and place for the victim. ●Victims can claim compensation under Section 357A of the CrPC.

Source:

Indian Express

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PRACTICE QUESTION

Q. Discuss the major socio-cultural factors contributing to the high prevalence of crimes against women in India. How can these be addressed through policy interventions and societal reforms?