J.S. Verma Committee recommendations and the government’s decision on it

Source: The post J.S. Verma Committee recommendations and the government’s decision on it has been created, based on the article “What did the 2013 panel say on death penalty for rape?” published in “The Hindu” on 26th August 2024

UPSC Syllabus Topic: GS Paper2- Governance-mechanisms, laws, institutions and bodies constituted for the protection and betterment of these vulnerable sections

Context: The article discusses the Justice J.S. Verma Committee’s recommendations on sexual assault laws. It also includes its opposition to the death penalty for rape, the government’s decision to introduce death penalty in certain rape cases, and the committee’s stance on gender rights and marital rape.

For detailed information on Women Safety in India read this article here

What did the Justice J.S. Verma Committee recommend?

1. Enhanced Sentences for Rape: The committee recommended increasing the punishment for rape to a minimum of 10 years, which could extend up to 20 years or life imprisonment, but explicitly advised against the death penalty.
2. Against the Death Penalty: It argued that the death penalty does not serve as an effective deterrent against crimes, supporting this view with data that showed a consistent decline in murder rates in India over the last 20 years, despite fewer executions since 1980.
3. Marital Rape: The committee advised removing the marital exemption for rape, asserting that marriage should not be considered a defense against the charges of rape.

For detailed information on The Issue of Marital Rape read this article here

4. Gender Rights and Empowerment: The committee emphasized the need for true empowerment of women, which goes beyond political equality to include social, educational, and economic equality. It noted that changing social mindsets and overcoming gender biases require systemic changes in education and societal behavior, supported by leadership in society.

What was the Union Cabinet’s decision?

1. Death Penalty Introduction: Contrary to the committee’s advice, the Cabinet introduced the death penalty for severe rape cases. For example, under Section 376A of the Indian Penal Code, the death penalty is applied for rape leading to the victim’s death or a persistent vegetative state.
2. Further Amendments in 2018: The laws were expanded to include the death penalty for gang rape of a girl under 12 years old (Section 376DB) and life-long imprisonment if the victim is under 16 (Section 376DA).
3. Marital Rape Exemption: The Cabinet did not criminalize marital rape, maintaining the exemption for husbands if the wife is over 18 years old under the new Bharatiya Nyaya Sanhita.

Question for practice:

Examine how the Justice J.S. Verma Committee’s recommendations on the death penalty and marital rape differ from the Union Cabinet’s decisions on these issues.