The Criminal Law Amendment Bill 2019 was introduced in Rajya Sabha by K.T.S Tulsi, member of Parliament to make the offence of rape gender-neutral. Gender-Specific laws have been present in the Indian legal system since ages but the law is dynamic and it changes accordingly with the society. Recently in the landmark judgment of Supreme Court in Navtej Singh Johar v Union of India, the 150-year-old law of Section 377 of Indian Penal Code was scrapped as it violated Article 14 of the Indian Constitution.
Thus it is often taken up by activists and organizations that India needs gender-neutral laws. In relation to this, the Criminal law amendment Bill was introduced to make amendments in the Indian Penal Code(1860), Code of Criminal procedure(1973)and the Indian evidence act(1872) by making the offence of rape, sexual harassment etcetera gender-neutral.
Statement of Objects and Reasons
In the Statement of Objects and Reasons of the bill, it is mentioned that the Constitution of India guarantees its citizens the Right to life and personal liberty, equal protection of laws and right to freedom, therefore in this needy time, victims of these crimes must be treated as equals. The victims belonging to the transgender community (homosexuals and bisexuals) and men are excluded from victims of rape, sexual exploitation, harassment, rape etcetera from the criminal laws of the country.
It is also mentioned that the bill is in accordance with the resolution of the United Nations and the Universal Declaration of Human Rights, 1948. It is stated that more than 63 countries have adopted and amended their Penal laws to procure the same. As society matures changes must be made in the Laws governing the citizens so that the basic rights such as the right to equality and life is not infringed.
Highlights of the bill
To achieve the said objectives of the bill necessary amendments have been made to the Indian Penal Code (1860), Code of Criminal procedure (1973) and the Indian evidence act ( 1872).
Amendments made in Indian Penal Code (1860)
Section 8 of the Indian Penal Code has been amended by substituting the words “male, female or transgender “ in place of “male or female” Thus ensuring the inclusion of transgender in the bracket of the victim. The bill has introduced a new section 8A in the Penal Code which defines the term “modesty”. Section 354 to 354D which define various sexual offences have been amended in such a way that in place of the words “any man” and “any woman”, words “any person” has been substituted.
Thus effectively making these offences gender neutral as well as including the transgender community. The bill also amends section 375 and 376 of the Penal Code which related to the offence of rape against any woman. The words “Men” and “women” have been replaced by words such as “any person” or “other person” hence making the crime of rape gender-neutral.
The bill also proposes to insert a new section 375A in the Indian Penal Code which specifically defines the offence of sexual assault as intentional touching of genitals, anus and breasts or making a personal touch such parts without consent or the use of words and gestures which creates an “unwelcome actionable threat of sexual nature”. Such person shall be punished with a rigorous punishment of imprisonment that may extend to three years or with fine or with both. Offences under section 376, 376A,376C,376D are also amended to make it gender-neutral by replacing the word “any person” in place of “woman”.
In addition to these appropriate sections of the Code of Criminal procedure (1973), the Indian Evidence act (1872) is amended to include the section 375A of IPC.
Conclusion
In the present time, there is no legal remedy available to the victims of sexual offences of a gender other than female. Protection of Children from Sexual offences act 2012 only protects children below the age of 18. Above this age, no punishment has been recognised by the Indian Criminal law. Gender-neutral laws are often criticised because it is believed that it is taken away the required sensitivity for female victims. It is very important to understand that the gender-neutral laws in no way undermine the oppression and the discrimination faced by the women in the society.
The number of sexual offences against women is very high in contrast with other genders but it does not mean that these offences against other genders do not constitute crimes. The law commission of India in its 172ndreport has also recommended the need to introduce gender-neutral laws due to increasing number of assault and sexual offences against the male and transgender community. This bill will not only protect the victims but also help in achieving equality as mentioned in the Constitution of India.
Sources
- The Criminal Law Amendment Bill, 2019
- Criminal law blog, NLUJ
This blog is written by Alok Dubey, Asian Law College.
Some more of Alok BLOGs,
- Minerva Mills Case (Case Summary)
- The Constitution (103rd Amendment), Act 2019
- Defamation Laws in India
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