Mamata to push bill for capital punishment for rapists; What are India's rape laws, how have they evolved?

Mamata Banerjee, CM of West Bengal, on Wednesday announced that she will call an assembly session next week and pass a Bill within 10 days to ensure capital punishment for rapists. This comes in response to the rape and murder of a 31-year-old trainee doctor at the RG Kar Medical College and Hospital on August 9.

Now, what's important to note here is that India's legal framework surrounding rape has undergone significant changes over the years, reflecting the country's evolving stance against sexual violence. The new demands are expected to bring in more amendments.

Let's take a look at how these laws have evolved and where we stand now-

THE LAWS

Age of consent

In India, the age of consent is 18 years. The Indian Penal Code, 1860 and the Protection of Children from Sexual Offences Act (POCSO), 2012, set the age of consent at eighteen.

Any sexual activity with someone younger than 18 is considered statutory rape, leading to severe legal consequences.

Punishment for rape

- As of 2020, the minimum prison sentence for rape is set at 10 years.

- For the rape of a minor girl under 16, the punishment ranges from 20 years to life imprisonment.

- In cases involving the gang rape of a minor girl under 12, the punishment can extend to life imprisonment or even the death penalty. Aggravated cases, such as those involving persons in authority, may also result in the death penalty.

Marital rape

Despite growing advocacy for women's rights, marital rape remains legal in India as of August 2024, except in certain cases.

As of April 2024, India is among 36 countries that do not classify marital rape as a crime. The IPC prescribes varying penalties for marital rape based on the wife's age:  

- For a wife aged 12 to 15: Up to two years in prison, a fine, or both  

- For a wife under 12: A minimum of seven years in prison, which may extend to life imprisonment, along with a fine  

- For a judicially separated wife: Up to two years in prison and a fine

HOW HAVE THE LAWS EVOLVED? A TIMELINE

Section 375 of the Indian Penal Code (IPC)

1860

- Rape was first defined under Section 375 of the IPC in 1860, criminalising sex by a man with a woman if done against her will or without her consent.

- However, this section did not consider marital rape as an offence.

1972

- Mathura case and amendments: In 1972, the custodial gang rape of Mathura, a young Adivasi girl, by police officers in Maharashtra, led to nationwide protests after the Supreme Court acquitted the accused.

- This case triggered amendments to the rape laws, including the addition of Section 114A to the Indian Evidence Act of 1872, which presumes a lack of consent in custodial rape cases when the woman testifies to that effect.

2012

- Nirbhaya case and the 2013 amendments: The brutal gang rape and murder of a young woman in Delhi in 2012, known as the Nirbhaya case, led to sweeping changes in India’s rape laws.

- Criminal Law (Amendment) Act of 2013 expanded the definition of rape.

- It introduced harsher penalties, including the death penalty, in cases where the victim dies or is left in a vegetative state.

- The amendment also criminalised acts such as stalking, acid attacks and sexual harassment, with stringent penalties.

2018

- Kathua Case: The 2018 abduction, rape and murder of an eight-year-old girl in Kathua, Jammu and Kashmir further intensified public demand for stricter laws.

- The Criminal Law (Amendment) Act of 2018 introduced capital punishment for the rape of girls under 12 and raised the minimum sentence for rape to 10 years from 7 years.

2023

- Bharatiya Nyaya Sanhita (BNS): In July 2023, the Bharatiya Nyaya Sanhita (BNS) replaced the colonial-era IPC.

- The BNS retains the punishment framework of the IPC, setting a minimum 10-year sentence for rape, which can extend to life imprisonment.

- The law also prescribes the death penalty for the gang rape of minor girls under 18.

- It maintains the provision for capital punishment in cases where rape results in the death or vegetative state of the victim. 

The BNS has drawn criticism for not addressing the rape of men and transgender individuals, an issue previously covered under Section 377 of the IPC. Critics argue that the absence of such provisions leaves these groups vulnerable, with significantly lesser legal protection.