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Reforming the rape laws

The Cabinet’s decision to clear a package of amendments to the Code of Criminal Procedure constitutes another important step in the journey towards making the laws relating to rape more progressive and responsive to the needs of victims. The proposed amendments are based substantially on the recommendations in the 172nd report of the Law Commission, which in 2000 carried out a broad review of rape laws. The proposals — which include provisions for speedy trials; recording the statements of victims at places of their choice; investigation of cases by women police officers; and hearing of cases, wherever possible, by women judges — are aimed at reducing the mental agony of rape victims. They are a tacit recognition that it is not enough to reform rape laws by increasing punishments or widening the definition of this awful sexual crime — an acknowledgment of the importance of supplementing deterrent measures with those that alleviate the trauma of the sufferers.

A couple of the proposed amendments have their shortcomings. It is not feasible, for example, to expect women judges, a small minority, to hear most rape cases, leave alone all of them. But overall, the changes seek to encourage victims (who might have otherwise not complained) to file cases; at the same time, it provides a measure of comfort for those who are willing to risk being stigmatised and report the crime. Aspects of reporting of rape and its subsequent investigation and trial are problematical. As the Law Commission in its 84th report noted, “women are reluctant to report it, partly because of the embarrassment of discussing the details with male policemen and partly because of the even more painful humiliation of being a witness in court.” The country’s rape laws have undergone some reform over the past few decades. In 1983, changes were made in the Indian Penal Code that, among other things, altered the definition of consent and increased the punishment for custodial rape, gang rape and that of pregnant women and minors. Subsequently, the Indian Evidence Act was amended to make the presumption that there is an absence of consent in cases where a complaint is filed and sexual intercourse proved, thereby shifting the burden of proof on the accused. Amendments in 2005 ushered in further changes, particularly with respect to the procedure for the physical examination of victims. The reform of rape laws in this country has been slow and tardy; if they have come about, it is thanks largely to the brave campaign waged by women’s groups. While there is still a long way to go, the proposed amendments are certainly another step in the right direction.

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