Government looks to make rape laws gender-neutral

NEW DELHI: The government is considering making rape a gender-neutral offence, with the Union Cabinet on Thursday scheduled to discuss it as part of a clutch of proposals designed to enhance punishment for sexual assault.
Other proposals seek to make 'stalking' and 'acid attacks' specific offences, prevent those accused of rape from getting away by casting aspersions on the character of their victims, and stiffen the punishment for those found guilty of custodial rape.
The proposal before the Cabinet seeks to change the definition of "rape" as a crime involving sexual assault of women and defined by forcible penetration. The move now is to expand the definition to include male victims of sexual assault as well by changing the relevant provisions of the IPC, Evidence Act and CrPc. If the proposal goes through, "rape" as a category of crime will cease to exist in the statute books, as the proposal is to replace it with "sexual assault"—a gender-neutral distinction.
Supreme Court advocate Aparna Bhatt welcomed the move, pointing out that sexual abuse of boys was rampant, but two others, Flavia Agnes and Vrinda Grover, came out against the proposal. Bhatt, a member of the Delhi Commission for Women, said those accused of sodomy, if convicted, get away with lighter punishment than what is meted out to victims of rape.
The other proposals before the Cabinet include one which seeks to prevent rape accused from intimidating the victim by highlighting her sexual experiences or, to use the popular expression, her "character". The Union home ministry has proposed that the sexual experience of the victim cannot be invoked during cross-examination. Slandering the reputation of victims has been popular with those accused of rape. It has been an effective device, too, with victims, intimidated and bullied by defence counsel who question their morals, backing out to avoid the ordeal.
The slew of moves under the Cabinet's consideration includes one meant to increase the punishment for those who misuse their authority to commit sexual violence against those who fall under their administrative jurisdiction. The proposal is aimed at curbing the growing incidence of sexual violence in jails, hostels, juvenile centres and women's shelters. The minimum punishment for those found guilty of custodial rape is sought to be raised from 7 years to 10 years.
In another significant move, the Cabinet will discuss changes to be carried out in the laws to make stalking a specific offence liable to be punished with a minimum imprisonment of seven years. Stalking has been defined to include loitering around a woman's house, following her repeatedly and making attempts to contact her through phone, email or other means.
The package includes amendments to the IPC to incorporate a section dealing with disfigurement or acid attacks. One section will apply to cases of disfigurement while the other consideration seeks to tackle attempts to do so. Those found guilty of disfigurement are proposed to be punished with a minimum imprisonment of 10 years which may extend to life imprisonment. The perpetrators will also be required to pay a fine of up to Rs 10 lakh. Attempts to throw acid and cause disfigurement will attract imprisonment of 5-7 years.
Those opposed to the move, like Flavia Agnes, said the government had suddenly woken up after the assault on a girl in Guwahati. "I oppose the proposal to make rape laws gender neutral. There is physicality in the definition of rape, there is use of power and the victim has a stigma attached to her. If made gender-neutral, rape laws will not have the deterrence value and it will make it more complicated for judges in court," Agnes said.
Delhi advocate Vrinda Grover said, "Why should rape laws be gender-neutral? That would be making a mockery of what is actually happening in the country. There are no instances of women raping men. I don't think men are facing serious sexual violence as women. Consider the brutality and intensity of sexual violence against women. Hope the home minister does not put out a bill that delays or obfuscates discussions on the issue."
Times View
The proposed changes in the law concerning rape are most welcome, even if long overdue. The recognition that sexual violence can be perpetrated against males too was already incorporated in the law covering sexual abuse of children and it was only logical that this be extended to the adult realm as well. Equally importantly, the law now proposed would take away from those accused of rape a perverse defensive tactic that has been much abused. This was to try and paint the victim herself as an accused by raising questions about her moral character and alleged sexual promiscuity. It is a good move to specify in the law itself that the sexual history of the accuser can have no bearing on the rape case.