Will the new criminal laws for women help curb crime against them? While many feel it’s a step in the correct direction, a lot depends on how efficiently they are implemented?
Designed to address modern day crimes
Senior IPS officer Swati Lakra says the new laws aimed at protecting women and addressing crime against them are typically designed to enhance safety and provide a legal basis for combatting such atrocities. “It is designed to address modern day crimes and they have the potential to curb violence against women by instilling fear in wrongdoers by imposing stricter penalties and providing clearer legal definitions of offences,” says Lakra, an Additional DGP rank officer, who is presently posted as Telangana Special Police (TGSP) Battalions. She says it also makes it easy for the victims to come forward and report crime. “The new laws are a positive step, however their effectiveness will depend on proper implementation, enforcement, societal support and cultural norm,” adds Lakra.
Old wine in a new bottle
The Parliament has missed out on an opportunity to rework criminal offences relating to women. “Various legal scholars have studied the text of the Bharatiya Nyay Sanhita in detail, and the consensus appears to be unanimous. There has only been a rearranging of sections from the previous IPC in the newly enacted BNS,” says Anviti Bhadouria, practicing advocate, New Delhi.
‘Cosmetic changes’
A practising advocate at New Delhi and Gurugram, Donavie Dcosta feels only cosmetic changes have been inculcated in the freshly enacted BNS. “For instance there is no difference in the provisions dealing with cruelty under Section 86 BNS. It is verbatim to the old provision in Indian Penal Code,1860,” she points out.
In my understanding, he says, there is not much of a change in the statute which would help in curbing offences against women. “One can only hope that effective implementation by the police would safeguard women’s interests,” says Donavie.
She says all provisions are similar if not identical except for tweaking of punishment in two or three offences. “Compiling all offences into one chapter would make it easier for a layperson to understand their rights and remedies, thereby enhancing awareness,” adds Donavie.
Will it curb crimes against women?
The effectiveness of this new legislation in reducing crimes against women will be determined by several factors, says Prof. (Dr.) Uma Bhardwaj, Vice Chancellor of Noida International University (NIU):
1 Enforcement: Laws must be strictly enforced. Swift and fair investigations, combined with efficient legal processes, are required to hold culprits accountable.
2 Awareness: Legal improvements must be complemented by large-scale awareness initiatives. Women must be informed about their rights and safeguards under the new laws.
3 Societal Attitudes: While laws are important, society’s attitudes toward women must also alter. Gender equality, respect, and nonviolence must be promoted more effectively.
The new Codes
According to Kushank Sindhu, Advocate, Supreme Court of India, the Bharatiya Nyaya Sanhita, 2023, does remove some ambiguities that had existed earlier.
For instance, Section 375 of the IPC, 1860, created an exception for the offence of rape in the case of a wife who was not under the age of fifteen. The age limit has been raised to 18.
The Bharatiya Nagarika Suraksha Sanhita, 2023, has also implemented special provisions for offences against women. For instance, when a person is arrested on charge of committing an offence of rape or an attempt to commit rape and there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of such an offence, a medical examination of the accused can be carried out based on the conditions stipulated in the legislation.
Women-friendly provisions
l To address sexual offences, Bharatiya Nyaya Sanhita added a chapter, ‘offences against Women and Children’. According to reports, Sanhita is also considering amending the rape of minors laws. Any gang rape conviction carries a 20-year or life sentence.
l A female officer will record rape victims' statements in front of their guardians. Within seven days, medical reports must be completed.
l The law now includes punishments for cases where women are abandoned after being misled by false promises of marriage.
l Within 90 days, women’s crime victims are entitled to receive updates. All hospitals must treat victims of crimes against women and children for free.
l The amended Bill punishes husband and relative for “cruelty” against women with three years in prison.
(A) The new section 86 defines cruelty as intentional behaviour that could lead to suicide, serious injury, or harm to a woman’s life, limb, or health.
(B) harassment of a woman to coerce her or any related party to meet any unlawful demand for property or valuable security.
