Following consistent demands from the women’s movement/s in India over the years, and catapulted by the outrage over the Nirbhaya case, the Criminal Law Amendment Act 2013 was enacted. By this Amendment, the definition of rape which earlier only encompassed peno-vaginal sexual intercourse without consent, now includes all forms of forced intercourse and also insertion of foreign bodies into the vagina or causing one person to do so to another. Therefore, the acts complained of in the Camurlim case amount to rape under the present law.
This law also recognises acts by a man of sexual harassment, stalking, voyeurism and forced disrobing, as offences under the law.
Sexual harassment primarily covers unwelcome acts of a sexual nature, whether they involve physical touching, or SMS’s or gestures or words or demand or request for sexual favours. Any person who commits the physical acts of sexual harassment or makes demands is liable to be punished with rigorous imprisonment for a punishment which can extend to three years or fine or both.
If any man assaults or uses criminal force on any woman or abets such act with the intention of disrobing or compelling her to be naked, he shall be punished with minimum imprisonment of either description for three years and maximum of seven years besides also being liable to fine.
The law also punishes a police who fails to record information given to him of occurrence of an offence of sexual nature with rigorous imprisonment for a term which shall not be less than six months and not more than two and the Court may also impose a fine.
The in-charge of a hospital which fails to provide first aid or medical treatment, free of cost, to the victims of offences of rape or maiming, is liable to an imprisonment of up to one year or fine or both.
(Advocate Albertina Almeida,
is a practicing lawyer and human rights activist.)
Why are the 3 Camurlim accused, ‘rapists’
2013 Criminal Law Amendment Act was enacted. Pre 2013 rape was defined as peno-vaginal sexual intercourse without consent
Post Amendment in 2013, it includes
a) All forms of forced intercourse
b) Insertion of foreign bodies into the vagina or causing one person to do so to another.
