Tougher law on sex crime is response to gang rape

Published on 22/03/2013 00:00

India has approved a tough new law to punish sex crimes, including the death penalty for repeat offenders, after the fatal gang rape of a student in December sparked unprecedented protests over the treatment of women.

The Criminal Law (Amendment) Act 2013 or “anti-rape law” puts in place a number of new provisions and tougher punishments, which include criminalising voyeurism and stalking and making acid attacks and human trafficking specific offences for the first time.

The law is seen as a crucial step towards curbing violence against women, but activists said it was weak and warned much would depend on enforcement.

“Such legislation has come to India for the first time and the parliament has given its approval. It will create a revolution in the country,” home affairs minister Sushil Kumar Shinde said yesterday.

Rape is just one of many violations women suffer in India, ranging from female foeticide and dowry murders to acid attacks, trafficking and so-called honour killings.

But the savagery of the 16 December assault, where a 23-year-old student was gang-raped and tortured with an iron rod, shook many Indians and stirred national debate about gender abuses.

The new law maintains life imprisonment for rape as the maximum sentence, yet sets down the death penalty for repeat offenders and those whose victims are left in a “vegetative state”. Gang rape has been recognised as an offence, while sexual harassment has been redefined to include unwelcome sexual advances and showing pornography without consent.

The law also punishes police and hospital authorities with up to two years’ jail if they fail to register a complaint or treat a victim. “I am not expecting wonderful progress in implementation. That is our next struggle,” said Kavita Krishnan, secretary of the All India Progressive Women’s Association.