In our country and the world over.

We all know that women are harassed stalked assaulted,

raped and trafficked.
The worst forms of treatment are given to them by way of dowry death, burning the face
through acid genital mutilation abortion of female fetuses and whatnot.
They say this cruelty. And this inequality, which is perpetrated is not only de facto, but also
de jure.

Why do we say this, because even in law, when we write he. We assume that it includes she,
so discrimination is in the law as well.
It's needless to say that the hallmark of any civilized society is the respect, it shows to its
women.
Not only is it a hallmark but also protecting the rights of women and respecting their rights is
a constitutional goal.
And the 2013 criminal law Amendment Act is a step in that direction.
So I'm sure you know that the Act was an outcome of a gang rape that had taken place in the
heart of the country in which the prosecuterix had succumbed to injurie

And just after this incident. The Justice Varma committee was formed, consisting of justice
Verma himself. Justice lela seth and senior advocate, Gopal Subramanyam, the
recommendations of the committee were pathbreaking some recommendations were accepted
by the parliament, but some are not. So we'll see what all recommendations were accepted.

Page 5
One of the most important suggestions.

That was given by the Justice Verma committee was the expansion of the definition of rape.
You have to read section, 375, very carefully now, because now rape is not to be understood
in its old notion, which was ingrained in our minds, where penetration was restricted to penile
vaginal penetration only. sexual intercourse now would include other forms of penetration as
well, for example, penile oral penetration penile anal penetration finger vaginal penetration
finger anal penetration or even object vaginal penetration. Even an act of applying the mouth
to a woman's private parts or making the woman do so without consent will now constitute
rape. So this is definitely a positive step.

Page 6
Earlier, because of the technicality of the definition.

A lot many men got away with certain conduct, which was nothing less than rape. This
definition.

Correct. The law to that extent.

Because if the objective of the tormentor is to humiliate or embarrass dominate a woman. It
can take other forms, apart from just penial vaginal penetration so there are fundamental
changes which happened in section 375

Page 7
Also, some more provisions have been inserted. For example section 376, A, which says
while committing rape. If a person causes death of a woman, or leaves her in a permanent
vegetative state. Then, even death penalty can be given.

First time rape has been made, punishable with death, as well. So first time rape has been
made punishable with death as well

aroona shanbhag case it was a related day the woman was left in a vegetative state but the
man got away with a very meager punishment.

Also section. 376 b in this also punishment has been enhanced . from two years it has been
enhanced up to seven years.

376 C, which talks about sexual intercourse by a person of authority. Though consensual
again the punishment has been enhanced.

In 376 d. as well punishmet as been icreased

Yeah, these are all provisions which were there in the previous act.

Unknown 3:26
Only 376, a was not there. in gang rape,Now the punishment is not less than 20 years gang
rape ka maximum punishment remainder of one's life bhi ho sakta hai that means the person
will never go out of prison.

Also 376 E. it punishes rape with death, or even life imprisonment, if let's say the convict is a
repeat offender so if he has committed to rape in the past and he again, does it surely that is
deviant behavior and needs to be punished with death or with the maximum punishment
possible.

Page 3
So section 354 is talks about outraging modesty there has been no amendment in substantive
provision Meanwhile, the only amendment that has been done is regarding the punishment
given under this provision.

354 A to 354 D are the new provisions which have been inserted 354A talks about sexual
harassment. This definition of sexual harassment is also there in the 2013 prevention of
sexual harassment and workplace act. But this sexual harassment is not restricted to a
workplace

And the punishment is up to three years. 354 b talks about disrobing a woman whose
punishment is 3 to 7 years
Interestingly, Pakistan, in pakistan’s penal code disrobing a woman can even attract death
penalty but we have not put it as stringitly

Section 354 c is voyeurism where a person watches or records a woman in private and this
also attracts a punishment of three years

354 d talks about stalking. And this can again result in imprisonment of three years.

Section 107th clause talks about a situation where a person can even cause death of a person
who's trying to attack. Through acid.

Similarly, other pathbreaking provisions that has been incorporated in the 2013 criminal law
Amendment Act are that section, 166.
A sub clause C, if a police officer is not filing a case, disclosure of a crime, which has been
committed against a woman it can make him liable for some kind of stringent penalty
Moralpolicing and victim blaming

Section 370 is also a pathbreaking provision because it is giving a very expansive definition
of exploitation

It's actually a battle against trafficking there are some important provisions like consent of the
victim would be immaterial if you are trafficking her . Also, Section 357 C of crpc is a new
provision. And this talks about hospitals whether public or private, having to provide
treatment to those victims who have been raped or attacked by acid a we should be thankful
to the legislature that they have taken this bold step, because many times victims are refused
treatment, when they need it the most

Unknown 9:44
So, these are all the provisions which are important, in my view, there are many other
provisions also which were amended, or inserted, but they're not that important, as the ones
which have been covered in this presentation. Though the 2013 Amendment Act has been
considered to be a path breaking law. It does suffer from certain drawbacks. And let me make
good this point. So for example, section 376A and 376 E, are 2 provisions which impose
death penalty on rapists.

Unknown 10:20
Justice Varma committee nay bade categorically death penalty ke liye mana kiya tha because
it can be counterproductive but the legislature went ahead with it

Unknown 10:33
Similarly, Justice Verma committee had recommended that marital rape should be
recognized. But the legislature refused to do it. Also, in priya Patel in a lacuna form
carkardiya tha law mei that a woman cannot be convicted of gang rape, rape, because rape
can only be committed by a man on a woman .

Unknown 11:01
But there have been many instances where a woman has participated in the commission of a
gang rape , where she has actively helped the other persons.
Unknown 11:12
And now, owing to the expansive definition of rape, which also makes culpable finger
vaginal penetration. Or let's say an object vaginal penetration. I don't see why women cannot
be held guilty of rape.

Unknown 11:30
And again, disrobing a woman is made punishable under the law, but disrobing a man is not
made punishable. So the same treatment is meted out to a man in the middle of the road. He
doesn't really have any remedy under the law.

These are all the drawbacks that I intended to throw light upon, and all the provisions I
wanted to discuss that's all for the video. Thank you for listening.