The Justice Verma Committee was established in response to the horrific gang rape of a paramedic student in Delhi on December 16, 2012. Its primary aim was to propose amendments to existing criminal laws concerning sexual assault, fostering a more robust framework for justice.
The committee expressed reluctance to recommend the death penalty for rape, even in the rarest of cases. They viewed such a recommendation as a step backward in terms of sentencing and reformation.
In their findings, the committee referenced evidence suggesting that the deterrent effect of the death penalty is largely a myth. They noted that despite a decrease in death sentence executions since 1980, India's murder rate had consistently declined over the past two decades.
Despite the committee's views, the Union Cabinet chose to implement the death penalty for specific cases of rape in the 2013 criminal law amendments. These amendments included:
In 2018, further amendments introduced the death penalty for all participants in a gang rape involving a victim under 12 years of age (Section 376DB, IPC) and life imprisonment for gang rape involving a victim under 16 years of age (Section 376DA, IPC).
The BNS introduces punishments for rape in sections such as 64, 65, and notably, Section 70(2) which prescribes the death penalty for gang rape of a woman under 18 years of age.
The committee proposed increasing minimum sentences for rape from 7 years to potentially 10 years, 20 years, or life imprisonment, particularly for cases leading to a persistent vegetative state, recommending a minimum of 20 years imprisonment up to life.
On the sensitive issue of marital rape, the committee advocated for removing the legal exception that protects marital relationships from being classified as rape. They argued that such a relationship should not be a valid defense against sexual violation.
The committee supported the judgment of the European Commission of Human Rights in C.R. vs U.K., affirming that a rapist's relationship with the victim does not negate the crime.
Despite the committee's recommendations, the government opted not to criminalize marital rape. The BNS maintains that sexual intercourse by a man with his wife, provided she is not under 18, is not classified as rape (Section 63, Exception 2).
The committee underscored that true women's empowerment transcends political equality, extending into social, educational, and economic realms. They called for laws and public policies to deeply engage with women's rights and equality.
The committee acknowledged that altering societal mindsets and addressing gender bias relies heavily on changing social norms. They emphasized the need for societal leaders to spearhead these changes, supported by necessary reforms in education and social behavior.
Q1. What led to the formation of the Justice Verma Committee?
Answer: The committee was formed following the tragic gang rape of a paramedic student in Delhi in December 2012, tasked with recommending amendments to sexual assault laws.
Q2. What is the committee's position on the death penalty for rape?
Answer: The committee opposed the death penalty for rape, viewing it as regressive and ineffective as a deterrent, citing evidence of its limited impact on crime rates.
Q3. How did the government respond to the committee's recommendations on marital rape?
Answer: The government did not accept the committee’s recommendation to criminalize marital rape, maintaining the legal exception for husbands in the BNS.
Q4. What are the key changes in rape laws as per the 2013 amendments?
Answer: The amendments introduced the death penalty for certain rapes, including those resulting in death and for repeat offenders, enhancing the legal framework significantly.
Q5. How does the committee view women's empowerment?
Answer: The committee emphasized that women's empowerment includes not just political equality but also social, educational, and economic equality, advocating for comprehensive engagement with women's rights.
Question 1: What incident led to the formation of the Justice Verma Committee?
A) A political scandal
B) A gang rape incident
C) A public protest
D) A natural disaster
Correct Answer: B
Question 2: Which recommendation did the Justice Verma Committee make regarding marital rape?
A) It should remain legal
B) It should be criminalized
C) It should have different penalties
D) It should be ignored
Correct Answer: B
Question 3: What is the stance of the Justice Verma Committee on the death penalty for rape?
A) Strongly supports it
B) Opposes it
C) Recommends it for all cases
D) Neutral
Correct Answer: B
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