National Post (National Edition)

India enacts sweeping rape law

- BY RAVI NESSMAN

NEW DELHI • India’s Parliament passed a sweeping new law Thursday to protect women against sexual violence in response to a fatal December gang rape and beating of a young woman on a bus in New Delhi.

The new law makes stalking, voyeurism and sexual harassment a crime. It also provides for the death penalty for repeat offenders or for rape attacks that lead to the victim’s death. The law also makes it a crime for police officers to refuse to open cases when they receive complaints of sexual attacks.

Activists hailed the law as a milestone in India’s women’s rights movement, even as they raised concerns over some of its provisions as well as the country’s poor record of law enforcemen­t.

“It’s a significan­t moment. We have taken many steps forward,” said Vrinda Grover, a senior lawyer and a women’s rights activist. “Much, much more needs to be done.”

The bill was passed Thursday by the upper house of India’s Parliament, two days after the lower house approved it.

The law was hurried through Parliament after the Dec. 16 gang rape sparked nationwide protests demanding the government do more to safeguard women.

The government set up a panel headed by a retired judge, which recommende­d sweeping changes to India’s laws governing crimes against women.

The cabinet quickly passed an ordinance incorporat­ing some of those suggestion­s, but Parliament had to pass a new law by next month or the or-

Much, much more needs to be done

dinance would have expired. Many lawmakers complained that the law was being rushed through without the proper debate or opportunit­y for amendment.

Speaking in Parliament, Home Affairs Minister Sushilkuma­r Shinde said the new law was the most stringent effort to curb sexual violence ever in India.

But Ranjana Kumari, a women’s activist and director of the Center for Social Research think-tank, said significan­t problems remain, especially the government’s refusal to criminaliz­e marital rape.

“If bodily integrity is the issue, and consent is the issue, than certainly rape in marriage should be included,” she said.

She also criticized the 10year maximum sentence for acid attacks as too light and said the government’s decision to make 18 the age of consent was out of touch with the sexual mores of modern youth.

While she praised much of the law as a “huge victory,” Ms. Kumari worried that an insensitiv­e police force and overburden­ed judiciary could make it difficult to enforce.

“The implementa­tion remains the larger challenge,” she said.

The law’s passage came less than a week after police said a Swiss tourist was gang-raped in central India.

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