A few days ago the world celebrated Women’s Day. It is a fitting time to do rethinking on the Criminal Law (Amendment) Bill. The anti-rape ordinance to replace it will lapse soon. Union Cabinet Ministers are not unanimous on the provisions of the ordinance. A special Cabinet session may be convened to speed things up. The Protection of Children from Sexual Offence Act was passed only about a year ago. It is necessary, however, to amend it soon. There is confusion over the legal age of consensual sex. Many women’s groups back Justice Verma’s recommendation that the pre- PCCSO Act position be brought back. Criminalizing unforced sex between teenagers will not be a deterrent to such sexual indulgence. The familiar term of rape should replace the new- fangled term of sexual assault. Sex crimes should undoubtedly be gender neutral. It will eliminate the gender bias in Indian society. Still, women are usually the majority of victims of sexual assault. Gender neutrality should not dilute the enormity of violence against women.
The issue of marital rape should also be given a hard look. Matrimony does not mean consent to the sexual act. Women must have the right to exercise their will. Husbands alone should not have immunity while wives are denied it. Rape by security personnel in conflict zones should not be condoned either. The line between forced prostitution and voluntary prostitution should not be allowed to be blurred. In the final analysis, all depends on enforcement of legal provisions in all such cases.