Justice J.S. Verma Committee on Dealth Penalty for Rape

After the Kolkata doctor’s murder, there are calls for the death penalty for the accused, but the Justice Verma Committee of 2013 had opposed it, deeming it regressive for rape cases.

Rape and Death Penalty

• Definition: According to Section 375 of the Indian Penal Code (IPC), a man commits rape if he engages in sexual intercourse with a woman under the following conditions:
  • Against her will.
  • Without her consent.
  • By obtaining her consent through threats of death or harm to her or someone she cares about.
  • By deceiving her into believing that he is her lawful husband.
  • When she consents but is unable to comprehend the nature and consequences due to unsoundness of mind, intoxication, or the influence of drugs.
  • When she is under 18 years of age, regardless of consent.
  • When she is unable to communicate her consent.
• The definition of rape codified in Section 375 of the Indian Penal Code (IPC) includes all forms of sexual assault involving non-consensual intercourse with a woman.
• Introduction of the term ‘Rape’: The term “rape” was introduced into the Indian legal system by Thomas Babington Macaulay through the Indian Penal Code in 1860. 
  • Initially, the definition was limited to non-consensual peno-vaginal intercourse, with no distinction made regarding the nature or gravity of the offence. 
• Recent Data: The ‘Men and Women in India 2023’ report shows that majority of rape victims as per the National Crime Records Bureau (NCRB) data are in the age group of 18-30.
• Death Penalty: Capital punishment, also known as the death penalty, is the execution of an individual who has been sentenced to death by a court of law following a conviction for a criminal offence. 
  • It represents the most severe penalty that can be imposed on a convicted person.
  • It is currently prescribed only for the “rarest of rare” cases.
  • The interpretation of what constitutes “rarest of rare” is left to the court. 

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Justice J.S. Verma Committee

• About : The Justice J.S. Verma Committee, formed in response to the 2012 Nirbhaya gang rape.

Justice Verma Committee Recommendations on Death Penalty for Rape

• Expression of Power: Rape and Sexual assault are not merely crimes of passion but an expression of power.
• Scope of Rape: Rape should be retained as a separate offence and it should not be limited to penetration of the vagina, mouth or anus.  
  • Any non-consensual penetration of a sexual nature should be included in the definition of rape.  
• Rejection of Death Penalty for Rape
  • The Justice Verma Committee did not recommend the death penalty for rape, even in the rarest of rare cases. 
  • They opposed chemical castration for rape.
  • The committee argued that seeking the death penalty was a regressive step and that its deterrent effect was a myth.
• Enhanced Sentences Instead of Death Penalty
  • The committee suggested enhanced sentences for rape, recommending imprisonment ranging from 10 years to life, rather than the death penalty. 
  • For cases resulting in a persistent vegetative state (Section 376A of the Indian Penal Code), it proposed rigorous imprisonment for a minimum of 20 years or life imprisonment.
• Critique of Death Penalty as Deterrent
  • The committee pointed out that there was no conclusive evidence that the death penalty effectively deters serious crimes. 
  • They cited statistics showing a decline in murder rates in India despite fewer executions since 1980.
• Verbal Sexual Assault: Criminalized unwelcome sexual threats, punishable by up to 1 year in prison or fines.
• Medical Examination of Rape Victims: The two-finger test should be banned, and victim’s past sexual history should not influence the outcome of their case. 
• Exception to marital rape be removed: Non-Criminalization of marital rape in India emanates from Exception 2 to Section 375.
  • The Verma Committee recommended that the exception to marital rape be removed, pointing out that “a marital or other relationship between the perpetrator or victim is not a valid defence against the crimes of rape or sexual violation.” 
• Support for European Human Rights Judgment: The committee endorsed the view that a rapist remains a rapist regardless of his relationship with the victim.
  • Marriage should not imply automatic consent. (European Commission of Human Rights in C.R. vs U.K)
• Provision of Zero FIR: The concept of “Zero FIR” allows victims of crime to file a First Information Report (FIR) at any police station, regardless of where the incident occurred.
  • This ensures that the case is registered promptly, facilitating a faster investigation and avoiding delays caused by jurisdictional issues

Union Cabinet’s Decision on the Death Penalty

• Rejection of Death Penalty Recommendation: The Union Cabinet did not adopt the Justice Verma Committee’s recommendation against the death penalty when it enacted the 2013 criminal law amendments.
• Key Amendments Introduced
  • 2013 Ordinance: The amendments provided for the death penalty for rape resulting in the victim’s death or a persistent vegetative state (Section 376A of the IPC) and for repeat offenders (Section 376E).
• Further Amendments in 2018
  • Gang Rape: The 2018 amendments introduced the death penalty for participants in gang rapes where the victim is under 12 years old (Section 376DB) and life imprisonment for victims under 16 (Section 376DA).
• Current Legislation under Bharatiya Nyaya Sanhita: The new Bharatiya Nyaya Sanhita includes death penalty provisions for gang rape of women under 18 years old (Sections 64, 65, and 70(2)).
• Government’s Refused to Criminalise Marital Rape: The Union government did not adopt the committee’s recommendation and chose not to criminalize marital rape. 
  • Under the Bharatiya Nyaya Sanhita (BNS), Exception 2 of Section 63 maintains that sexual acts by a man with his wife, if she is over 18, are not considered rape.

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Verma Committee on Gender Rights and Empowerment

• Broad Concept of Empowerment: The Verma Committee emphasised that women’s empowerment extends beyond political equality to include social, educational, and economic equality.
• Need for Comprehensive Engagement: The committee argued that true empowerment requires legal and public policy measures to actively support women’s rights, opportunities, skill development, self-confidence, and equality in relationships with society and the state.
• Focus on Social Mindsets and Systemic Change: Addressing gender bias requires shifting social norms and overcoming deficiencies through leadership and systemic changes in education and societal behaviour.

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Conclusion

Rape is a complex issue stemming from multiple interrelated factors. Tackling it requires a holistic approach that involves reshaping cultural norms, enhancing education, fortifying legal systems, and promoting responsible and sensitive media portrayals.

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