Replace Rape with sexual assault in IPC

http://www.indianexpress.com/print.php?content_id=81110

National Network

Replace rape with sexual assault in IPC, says NCW

Meeting: Word ‘rape’ is derogatory to women, say members

AASHA KHOSA

NEW DELHI, OCTOBER 30 Replace the word ‘‘rape’’ with ‘‘sexual assault’’ in various sections of the Indian Penal Code (IPC). This was a major recommendation made at a meeting, sponsored by the National Commission for Women (NCW), held here yesterday to finalise the review of ‘‘rape laws’’. Women activists at the meeting said the word ‘‘rape’’ was derogatory to women. The Home Minister, and the police chiefs of all the states yesterday endorsed the recommendations drafted by the NCW. The recommendations, considered okayed, would be sent to the Centre for making amendments to the relevant laws. Home Minister Shivraj Patil had shown interest in the draft prepared by the NCW in consultation with women’s groups. As such, there is no single law to deal with this ghastly crime against women in India, and cases are dealt under various sections of the law. But a representative of the National Commission for Scheduled Castes told the conference that ‘‘making changes in the IPC would not make any difference and women’s groups should instead try for a specific bill on the lines of laws meant for protecting SCs and STs, to deal with atrocities on women.’’ The key changes suggested by the NCW are: • The definition of rape should be widened and not be restricted to vaginal penetration. One suggestion was that oral and anal penetration, or even body contact, should be considered ‘‘sexual assault.’’ • Sexual assault should be punishable with a minimum of 10 years in prison and a maximum of life term. • The age factor should be looked into more carefully in abduction-cum-rape cases as existing law is very often misused by rapists. • Buying sexual favours (from sex-workers) should also be considered sexual assault. • Video and audio recordings of the victim’s statement should be admitted in court as evidence to save her from embarrassing ‘‘cross examinations.’’ • Investigation and trial of the victim should be a time-bound affair and public servants held accountable for any lapse. However, a grey area of the proposed changes was a clause dealing with homosexuals. In India, homosexuality is illegal and many participants of the meeting questioned a recommendation (dropping section 377 of the IPC) that would make it legal. But NCW chairperson Girija Vyas said that ‘‘this was not intended’’ and she would look into it before forwarding the recommendations.