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Sexual violence is a grave societal issue that undermines the dignity, safety, and equality of individuals. Women are more vulnerable to such crimes. India has responded with a strong legal framework to counter this serious problem, and the country’s efforts to protect women and ensure justice are evident in the constitutional provisions and dedicated legislation. The mechanisms available in the legal system include constitutional provisions and dedicated legislation for addressing and preventing sexual violence.

This blog delves into the comprehensive legal protections available in India, highlighting key laws, recent developments, and areas where reforms are needed to ensure holistic safeguarding of women against sexual violence.

Understanding Sexual Violence

Sexual violence is a comprehensive term that ranges from harassment to assault, rape, and all forms of non-consensual acts of a sexual nature. It infringes on an individual’s physical autonomy and is a fundamental breach of their human rights. Psychological and emotional marks on survivors are long-lasting and sometimes more damaging than the physical impacts of sexual violence.

India has taken several steps to address this issue through various laws and constitutional guarantees aimed at prevention, redress, and victim support.

The Criminal Law (Amendment) Act, 2013

In response to the growing concerns about sexual violence, especially after the 2012 Delhi gang rape case, the Indian government passed the Criminal Law (Amendment) Act, 2013. This landmark legislation brought significant changes to the Indian Penal Code (IPC), which aimed to strengthen the legal framework for dealing with sexual offenses.

Key Features:

• Expanded the definition of rape to include non-penetrative acts and other forms of sexual assault.
• Increased the minimum punishment for rape to seven years, extendable to life imprisonment.
• The death penalty was also introduced for repeat offenders and in cases involving minors.
• Marital rape was criminalized in specific circumstances, such as when the wife was under the age of 18.
• The amendment marked a crucial step in recognizing and addressing the varied forms of sexual violence, ensuring stricter punishments for offenders.

Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013

The workplace where a woman spends considerable time in her day must be safe. Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, was formed as an acknowledgment of the fact that sexual harassment did indeed exist at work.

Provisions

• Compels an organization with over ten employees to set up ICC for complaints regarding sexual harassment.
• Organizations must conduct awareness programs and training to sensitize employees about workplace conduct.
• Provides a structured redressal mechanism, ensuring timely resolution of complaints.
• This law empowers women to speak out against harassment and holds organizations accountable for maintaining a safe workplace.

The Protection of Children from Sexual Offences (POCSO) Act, 2012

Sexual violence against children is an especially egregious crime; therefore, it has specialized legal provisions. The POCSO Act, 2012 seeks to protect children from sexual offenses while ensuring that their rights and dignity are kept intact from the inception of judicial procedures.

Important Features

• Defines penetrative and non-penetrative assault, harassment, or any form of pornography involving a child.
• Child-friendly procedures for an investigation and trial proceeding that will cause minimum trauma to the victim child.
• Must ensure reporting of those offenses suspected to have taken place with consequences for not reporting.
• POCSO addresses the children’s peculiar vulnerabilities in the fight against sexual violence against minors.

Domestic Violence Act, 2005

Sexual violations generally take place in homes, where the victim would find it challenging to approach others for help. Domestic Violence Act of 2005 has addressed this by recognizing sexual abuse as a form of domestic violence.

Provisions:

• Protects women from physical, emotional, and sexual abuse within domestic settings.
• It enables victims to seek protection orders, residence orders, and monetary relief.
• It aims to provide immediate remedies through special provisions for interim relief.
• This law emphasizes that safety and autonomy must extend to personal spaces, ensuring comprehensive protection for women.

The Prohibition of Child Marriage Act, 2006

Child marriage is a common phenomenon in India, which often results in sexual violence against minors. The Prohibition of Child Marriage Act, 2006 seeks to curb this evil by declaring child marriages voidable and penalizing the persons who arrange such marriages.

This law addresses child marriage as a precursor to sexual violence and protects young girls from exploitation and abuse.

Constitutional Safeguards

India’s Constitution provides an excellent groundwork for gender equality and protection against sexual violence. The main provisions are:

• Article 14 safeguards equality before the law.
• Article 15 prohibits discrimination on grounds of sex.
• Article 21 guarantees the right to life and personal liberty, including the right to live with dignity free from violence.

These constitutional guarantees make sure that the state performs its task of creating appropriate laws to guard women against sexual violence.

Recent Changes in the Jurisprudence

Bharatiya Nyaya Sanhita, 2023

As a replacement of the IPC, Bharatiya Nyaya Sanhita, 2023, replaced provisions regarding the definitions of sexual offenses. Even though it continued several provisions of the IPC, this was viewed to be deficient for legal protection in matters concerning men and transgenders.

Supreme Court Intercepts

The Supreme Court of India has been a decisive factor in developing legal responses to sexual violence. It has directed state governments to implement laws such as POCSO and compensation for the victims in numerous cases.

Compensation Framework

Although compensation for victims is not mentioned explicitly in the Constitution, the Supreme Court has repeatedly emphasized the necessity of monetary compensation. The formation of a full-fledged compensation scheme is currently under discussion.

Challenges and Way Forward

Despite the comprehensive structure of India’s law regarding sexual crimes, there is still much work to be done:

• Implementation Gaps: Laws sometimes fail due to ignorance, inefficient training of police personnel, and procedural delays.
• Evolving Attitudes: Societal attitudes often stigmatize survivors, deterring them from reporting offenses.
• Gender-Inclusive Protections: Current laws predominantly focus on women, leaving gaps in protection for male and transgender survivors of sexual violence.

Conclusion

India has been significantly advancing to construct a complete legal framework that could protect women from the crime of sexual violence. Other such enactments include the Criminal Law (Amendment) Act, 2013; POCSO Act, 2012; Sexual Harassment of Women at Workplace Act, 2013; etc. However, legal provisions are not sufficient. Effective implementation, societal change, and continuous legal reforms will ensure that the law protects each and everyone, irrespective of gender, from sexual violence.

The way forward for India would be to emphasize the creation of a society where the survivor is protected, the perpetrator is held accountable, and sexual violence is rooted out.

Also Read: How to File a Defamation Case in India?