The trajectory of anti-rape laws in India, Pg10

Key Highlights:

• In 1979, the Supreme Court acquitted two policemen in the Mathura rape case, sparking national outrage and highlighting regressive understanding of consent.
• The Criminal Law Amendment Act of 1983 was enacted in response to the Mathura rape case, introducing custodial rape as a separate offense.
• The Criminal Law Amendment Act of 2013, following the 2012 Delhi gangrape, broadened the definition of rape and clarified that silence cannot be interpreted as consent.
• The Criminal Law Amendment Act of 2018 introduced the death penalty for rape cases involving victims under 12 years of age.
• The Bharatiya Nyaya Sanhita (BNS) of 2023 made sexual offenses gender-neutral and introduced new offenses like sexual intercourse under false pretenses.

Detailed Insights:

• The 1979 Supreme Court judgment in Tukaram versus State of Maharashtra (Mathura Rape Case) acquitted the accused policemen due to the absence of visible injuries on the victim, reflecting a patriarchal understanding of consent.
• A letter written by four intellectuals in 1979 brought the Mathura rape case into national consciousness, emphasizing the difference between submission and consent.
• The Vishaka Guidelines were framed by the Supreme Court to address sexual harassment at the workplace, following the gangrape of Bhanwari Devi.
• The Criminal Law Amendment Act of 1983 shifted the burden of proof in custodial rape cases from the survivor to the accused.
• The Criminal Law Amendment Act of 2013 was influenced by the Justice J.S. Verma Committee recommendations, introducing provisions to punish police officers who fail to record FIRs in sexual violence cases.
• The Criminal Law Amendment Act of 2018 fast-tracked investigation, trial, and appeal proceedings in rape cases, setting time limits for completion.
• The Bharatiya Nyaya Sanhita (BNS) of 2023 made gang rape of a woman below 18 years punishable with death or life imprisonment.

Key Concepts Involved:

• Custodial Rape: Rape committed by a person in authority, such as a police officer, against someone in their custody.
• Consent: Voluntary and informed agreement to engage in a sexual act, which must be freely given without coercion or force.
• Vishaka Guidelines: A set of guidelines issued by the Indian Supreme Court in 1997 regarding sexual harassment in the workplace.
• Bharatiya Nyaya Sanhita (BNS): The new criminal code of India, enacted in 2023, which replaces the Indian Penal Code.