Analysis of laws before the criminal law amendment, 2013


It has been noted as per the analysis of the National Crime Records Bureau that the statistics of rape in India has shown gradual increase. It is observed that in the year 1997 there were 2,487 reported cases of rape and jumped upto 24, 206 in the year 2011 which shows an increase of 873% .There has been numerous transits in rape laws before it reached the present form vide the criminal law amendment of 2013. It was brought as an ordinance since the parliament was not in session. After a nationwide outrage against the brutal gang rape in Delhi the amendment was brought to effect. The amendment of 2013 two major substantive changes were brought forth with the sixteem different forms of rape whereby penetration made by object and all parts of the body were inclusive and further the increase in age of consent was added. These were introduced in order to combat the rise of rapes committed towards a minor specifically. Though the J.S.Verma Committee wanted to introduce marital rape under section 375 but it was not allowed as reports shoerd that it would have been more of a social controversy. One must also take note that sexual harassment at workplace was for the first time highlighted in the case of Sakshi v. Union of India which was filed in the form of public interest litigation  that seekes punishments for sexual harassment of women at workplaces. It further wanted to widen the scope of rape to include all forms of penetration, the court decided in favour of the NGO but the parliament did not recognize it. The  Amendment and Act of 2013 turned this into reality as it gave sanction to the judgment. So it is my belief that laws should be made much stringent than they already are.



Leave a Reply

Your email address will not be published. Required fields are marked *

Important Links to visit:
Home Page, About IILS, Law Courses, Contact IILS