What did Justice Verma's panel say about the death penalty for rape? | Explained

Citizens protest against the brutal rape and murder of a doctor on duty at RG Kar Medical College and Hospital in Kolkata, West Bengal, on August 25. | Photo: DEBASISH BHADURI

The story so far: After the brutal rape and murder of a doctor on duty at the RG Kar Medical College and Hospital in Kolkata on August 9, there were loud voices demanding the death penalty for the accused. In the recommendations of the Justice JS Verma Committee, which led to the amendment of the penal code in 2013, it was explicitly stated that it was not inclined to recommend the death penalty for rape even in the rarest of cases. “…demand [the] “The death penalty would be a step backwards in the area of ​​sentencing and reform,” the committee stressed.

What did the Union Cabinet decide?

The Union Cabinet did not take up the recommendation on death penalty when it passed a Sexual Assault Ordinance and brought the penal law amendments into force in 2013. The Penal Laws Amendment Committee was set up after the gang rape of a paramedical student in Delhi on December 16, 2012. Headed by Justice JS Verma (retired), the committee submitted its recommendations on January 23, 2013. One of its key suggestions, namely that the death penalty does not necessarily act as a deterrent against such crimes, was overlooked.

Major amendments were made to introduce the death penalty for rape that resulted in the death of the victim or left her in a persistent vegetative state (Section 376A of the Indian Penal Code), and for anyone found guilty of rape more than once (Section 376E). Further amendments in 2018 introduced the death penalty as the maximum punishment for all participants in a gang rape if the victim is below 12 years of age (Section 376DB), and life imprisonment if the victim is below 16 (Section 376DA). In the new Bharatiya Nyaya Sanhita, the punishment for rape is laid down in several sections, including 64, 65 and 70(2), which states that gang rape of a woman below 18 years of age is punishable by death.

What did the committee recommend?

The Verma Justice Committee proposed increased sentences for rape, from 7 years to 10 years, 20 years and life imprisonment, but “not the death penalty.” “Whoever causes a person to remain in a persistent vegetative state shall be punished with imprisonment for a term not less than twenty years, but which may be life imprisonment, that is, for the remainder of the natural life of that person,” it said. The committee pointed out that “there is considerable evidence that the deterrent effect of the death penalty on serious crimes is in fact a myth. According to the Working Group on Human Rights, the murder rate in India has been falling steadily over the past 20 years, although the execution of death sentences has been declining since 1980.”

What was your stance on marital rape?

The Verma Committee recommended that the exception for marital rape be removed, pointing out that “a marital or other relationship between the perpetrator or the victim is not a valid defence to the crimes of rape or sexual assault”. In line with the judgment of the European Commission of Human Rights in CR vs UK., the Verma Committee agreed with the conclusion that a rapist remains a rapist, regardless of his relationship with the victim. The Union Government did not follow this recommendation and refused to criminalize marital rape. According to BNS, Exception 2 of Section 63 states that “sexual intercourse or acts by a man with his wife, the woman being not below 18 years of age, shall not amount to rape.”

What about gender rights?

The Verma Committee pointed out that “the ethos of women empowerment is not limited to political equality but extends equally to social, educational and economic equality. If women empowerment is to really mean anything, laws and public policies must address women's rights, opportunities, skill acquisition and ability to develop self-confidence to a significant extent and insist on complete equality in relations with both society and the state.” Correcting gender bias in the societal mindset depends more on societal norms, the committee observed, noting that “the deficiency needs to be overcome by the leaders of the society, supported by the necessary systemic changes in education and societal behaviour.”