Nalsar against death for rapists
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Hyderabad: Nalsar University of Law has recommended against imposition of death penalty for rape and emphasised on ‘real consent’ of victim in determining rape.
Nalsar submitted a paper to Justice Jagdish Sharan Verma Commission, (with two members Ms Leila Seth and Mr Gopal Subrahma-nian), constituted after the Delhi gang-rape incident, to suggest changes in laws to provide better security to women.
The university pleaded for legal reforms besides some community-oriented changes such as making safe public spaces available for women with freedom of dress and neighbourhood policing. The paper opposed blaming victims for rape.
According to Prof. Madabhushi Sridhar of Nalsar, the paper from the university reminded the need for immediate health care response systems, especially trauma care for the victim, which should be independent of the investigative and judicial process, yet be mandated by law as a non-negotiable.
It suggested expansion of definition of rape, from present limited scope of peno-vaginal penetration of a female by a male, to include penetration by any body part or object of a person of any sex. Nalsar recognised a need to extend ‘sexual assault’ to other sexualised forms of violence such as molestation. It laid stress on the need to consider whether there real consent of victim.
Strongly recommending criminalisation of ‘marital rape’, the Nalsar paper said that the marriage should not mean all time consent to husband for sexual intercourse.
The Law University has sought criminalisation of medical rape, which is permitted by legal exceptions facilitating the infamous ‘two-finger’ test in medical investigation. Relying on such a test was criticized as another rape of the victim.
The Juvenile Justice Act 2000 is the result of deep research and study of jurisprudence and experience of various countries. The Act follows universal standards of juvenile justice and Nalsar did not recommend that this legislation be changed to reduce the age of juvenile from 18 to 16, because a 17-year young person was involved in ghastly gang rape.
He said the Nalsar supported introduction of new provisions in law dealing with aggravated forms of rape, perpetuating power structures and hierarchies including caste, class and religious dominance. Nalsar recommended punishing rape committed by person who is known to victim with rigorous punishment of not less than 10 years.
It has recommended speedy adoption of the sexual harassment at workplace bill and also punishing refusal to register a crime as dereliction of the duty as an independent offence introducing command responsibility.
Another significant suggestion was about safe walk and safe rides as service that can be effective in university campuses. Law enforcement along with the university should set up a system wherein students can phone a hotline seeking dispatch walking buddies to accompany that student from a place to destination.
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