SUNDAY, DECEMBER 1, 2002
Women's groups seek changes in rape laws
RASHME SEHGAL
TIMES NEWS NETWORK
NEW DELHI: Leading women's organisations are demanding comprehensive changes in the laws relating to sexual assault, including rape. Most of these laws have not been changed since the Indian Penal Code (IPC) was framed in 1860 and are, therefore, archaic and patriarchal.
Rape is defined as penetration by the penis of the vagina. But, women's organisations point out that the law must be extended to include insertion of objects like bottles and sticks into the vagina of a woman or child. Insertion of the finger of a part of the body into the vagina or anus and forced oral sex must also be defined as rape.
The All India Democratic Women's Association (AIDWA), the Centre for Women's Development Studies, the Joint Women's Programme (JWP), the National Federation of Indian Women and the YWCA have submitted these proposals to the law ministry and the Department of Women and Child in the Human Resource Ministry. Law minister Jana Krishnamurthy has promised to look into their demands, which have been placed before the Law Commission.
Brinda Karat, general-secretary, AIDWA, said,"Eighty per cent of child rape cases are known to be performed by guardians or family friends known to the child. Rape by a guardian must be placed under a more heinous category and liable for greater punishment."
These groups believe that it is not enough to have a rape victim depose in-camera in a court of law. Activist lawyer Kirti Singh said,"In the majority of cases, the rape victim is asked to depose in front of the rapist. Child victims are so traumatised to be in the presence of the rapist that they simply clamp up. This was the case in the famous Karvi case when a girl, who had been repeatedly raped by her father, was asked to depose against him. Intimidated by his presence, she refused to speak up and the case simply fell through." Singh added: "We are demanding that investigation be carried on in a more child-sensitive manner."
They are also demanding that law on molestation (Section 354, IPC) be redefined. The present law defines sexual assault as being an act performed to with the intention of outraging the modesty of a woman. But this, activists claim, is open to conflicting court interpretations.
Some activists point out that in 85 per cent of rape cases, the assailant is allowed to go scotfree owing to poor police investigation, gender bias and corruption. "Policemen must be punished for poor evidence collection," is another demand.
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