What the Verma report said of laws about marital rape, acid attacks, trafficking

In addition to making general recommendations to curb the rising number of cases of crimes against women, the 631 page report prepared by the three member committee headed by Justice JS Verma made many specific recommendations to amend the Criminal Law (amendment) Bill, 2012, which was tabled in the Lok Sabha on 4 December, 2012. Here are some of them: Definition of rape: According to the Committee, section 375 of the Indian Penal Code should be amended to broaden the definition of rape to include penetrating the vagina with any part of the body or any object or manipulation of any part of the body of a person so as to cause penetration of the vagina, except where such penetration is carried put for proper hygienic or medical purposes. Consent in such cases will not be presumed in the event of an existing marital relationship between the complainant and the accused, recommended the Committee. No physical resistance to the act of penetration cannot be regarded as consent to the sexual activity, said the report, touching upon the subject if what would comprise of content in acts of sexual nature. [caption id=“attachment_599819” align=“alignleft” width=“380”]  Representational image. Reuters[/caption] Punishment for rape: The offence of rape should be punished with a minimum of ten years of rigorous imprisonment but which may extend to life imprisonment (where life means the rest of the life of the offender). The offender shall be liable to pay compensation to the victim which shall be adequate to meet at least the medical expenses incurred by the victim. If the rape victim dies or goes into a vegetative state due to injuries caused during rape, the offender shall be sentenced to minimum of twenty years of rigorous imprisonment which can be extended to life. If a person in authority/ public servant/ fiduciary relationship abuses such position to induce any person in their custody to have sexual intercourse with them, the act not amounting to rape, shall be punished with at least five years rigorous imprisonment. In cases of gang rape, each offender of gang rape, regardless of their gender, shall be sentenced to at least twenty years rigorous imprisonment which can be extended to life. If the gang rape leads to the victim’s death or leaves the victim in a vegetative state, each offender shall be punished with imprisonment for life. Sexual intercourse with an underage person (below 16 years of age) shall be deemed rape, and shall be punished with rigorous imprisonment not less than ten years, but which may extent to life imprisonment.

In prosecution for rape or gang rape where sexual intercourse by the accused is proved and the victim states that he/ she did not consent, the court shall presume that he or she did not consent.

Trafficking: Imprisonment ranging between seven and ten years for trafficking a person; at least ten years rigorous imprisonment for trafficking more than one person; ten years RI which can be extended to life for trafficking of a minor; 14 years RI which can be extended to life when the offence involves trafficking of more than one minor at the same time.

Acid attacks: 

Acid attacks causing permanent or partial damage to the body of the victim shall be punished with a minimum of ten years RI but which may be extended to life.

The offender shall also be liable to pay compensation to the victim adequate to meet at least the medical expenses incurred by the victim. For the purpose of this clause, the damage or deformity need not necessarily be irreversible.