Kolkata rape-murder: After the brutal rape and murder of a post-graduate trainee doctor at RG Kar Medical College and Hospital in Kolkata on August 9, there has been a surge in calls for the death penalty for the accused. Let's explore what the 2013 Justice Verma Committee had to say about the death penalty for rapists.
It is pertinent to mention that a postgraduate trainee doctor was raped and murdered while on duty at the hospital on August 9. Later, the semi-naked body of the 32-year-old woman was found in the seminar hall of the government-run hospital in Kolkata. A civic volunteer was arrested in connection with the crime the next day. Following this, the Calcutta High Court ordered the transfer of the probe into the case from the Kolkata Police to the Central Bureau of Investigation.
The Justice JS Verma Committee, which recommended changes to criminal laws in 2013, explicitly stated that it was not inclined to recommend the death penalty for rape, even in the rarest of rare cases. "...seeking of death penalty would be a regressive step in the field of sentencing and reformation," the said in its report.
The panel was set up in the wake of the brutal gang rape of a 23-year-old woman in Delhi on December 16, 2012, was headed by former chief justice of India JS Verma. The other members of the three-member committee were former Himachal Pradesh chief justice Leila Seth and former solicitor-general Gopal Subramaniam.
What did Justice Verma Committee recommend?
The Justice Verma Committee recommended that rapists who cause the death of the victim or inflict serious injuries be punished with not less than 20 years imprisonment, "which shall mean for the rest of the convict’s natural life". The committee has raised the bar of punishment for a wide range of existing and proposed sexual offences.
"Whoever commits an offence punishable under Section 376(1) or Section 376(2) and in the course of such commission inflicts an injury which causes the death of the person or causes the person to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but may be for life, which shall mean the rest of that person’s natural life," it noted.
It is also noted that "there is considerable evidence that the deterrent effect of death penalty on serious crimes is actually a myth. According to the Working Group on Human Rights, the murder rate has declined consistently in India over the last 20 years despite the slowdown in the execution of death sentences since 1980. Hence we do take note of the argument that introduction of death penalty for rape may not have a deterrent effect."
In its 630-page report, the committee also proposed introducing new criminal offenses such as stalking, disrobing a woman, trafficking, voyeurism, and marital rape. It recommended that these offenses, along with threatening sexual behavior through words or gestures, could result in imprisonment for three to five years.
The committee also determined that existing anti-rape laws were adequate if enforced correctly and opposed the suggestion to lower the age of juveniles from 18 to 16.
What panel recommends on marital rape?
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.”
"Our view is supported by the judgment of the European Commission of Human Rights in CR v UK, which endorsed the conclusion that a rapist remains a rapist regardless of his relationship with the victim. Importantly, it acknowledged that this change in the common law was in accordance with the fundamental objectives of the Convention on Human Rights, the very essence of which is respect for human rights, dignity and freedom. This was given statutory recognition in the Criminal Justice and Public Order Act 1994," it said.
However, the Union government did not adopt this recommendation and chose not to criminalize marital rape. According to the BNS, Exception 2 of Section 63 stipulates that "sexual intercourse or acts by a man with his wife, provided the wife is not under 18 years of age, is not considered rape."
Union govt on death penalty
When the Union Cabinet approved an ordinance on sexual assault in 2013 and enacted criminal amendments into law, it did not adopt the recommendation regarding the death penalty from the Justice JS Verma Committee. This committee submitted its recommendations on January 23, 2013.
Instead, key amendments included provisions for the death penalty in cases where rape results in the victim's death or a persistent vegetative state (Section 376A of the Indian Penal Code) and for repeat offenders (Section 376E). In 2018, further changes made the death penalty applicable to all participants in a gang rape if the victim is under 12 years old (Section 376DB), and life imprisonment if the victim is under 16 (Section 376DA). Under the Bharatiya Nyaya Sanhita, Sections 64, 65, and 70(2) stipulate the death penalty for gang rape of a woman under 18.
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