Report on India\'s Sexual Assault Laws Mixes Scathing Criticism With Proposed Changes

A special committee formed to recommend changes to India’s sexual assault laws after the fatal gang rape of a 23-year-old woman in New Delhi proposed far-reaching police and judicial reforms Wednesday, new liability for armed official personnel accused of committing sexual offenses and recognition of sexual offenses against homosexuals.

The report, more than 650 pages long, was prepared by a committee including a former chief justice of India, J. S. Verma; a former chief justice of the Himachal Pradesh High Court, Leila Seth; and a senior Supreme Court lawyer, Gopal Subramanium. The committee was asked to suggest changes to India’s legal system but went far beyond that brief, including a scathing criticism of the country’s police force and top politicians.

“We couldn’t confine ourselves to the Indian penal code and the criminal laws,” Justice Verma said at a news conference Wednesday. “We have looked at the entire gamut of laws which have anything to o with gender justice.”

He said he was shocked that the police commissioner of Delhi was congratulated by India’s home secretary for completing the New Delhi gang rape investigation speedily, and slammed the government for not implementing laws that had been previously recommended.

Among the recommendations in the report:

The creation of several new categories of sexual offenses, punishable by jail terms between one and seven years. These include stalking, including Internet stalking; voyeurism; and forcing a woman to disrobe against her will.

The redefinition of sexual assault to include the “intentional touching of another person when such act of touching is of a sexual nature,” without the consent of the person, and using words, acts or gestures that create “an unwelcome threat of a sexual nature.”

A change in the definition of rape to redefine consent to mean an “unequivocal voluntary agreement” when a person, by words, gestures or any form of nonverb! al communication, indicates a willingness to participate in a specific act.

The recognition of marital rape.

An amendment to the controversial Armed Forces Special Powers Act, a law in effect in Kashmir and parts of northeast India, to allow the prosecution of armed official personnel accused of committing sexual offenses.

Punishment for police officers who fail to register a case of rape reported to them, or attempt to abort an investigation.

The ouster of members of Parliament who have sexual assault cases pending against them, as soon as a court takes cognizance of such a case.

Compensation for women for medical expenses incurred after a rape and the creation of a central government fund to provide fuller compensation, including reparations.

Abolition of the “two-finger” test for rape, a medical test prevalent in India in which an examining doctor inserts his fingers in a rape victim’s vagina to determine whether she is “habituated to sex.”

Rejection ofthe death sentence for rape.