Our criminal laws must Uphold gender justice

Source– The post is based on the article “Our criminal laws must Uphold gender justice” published in the “mint” on 17th August 2023.

Syllabus: GS2 – Indian Polity, GS1- Social empowerment

News– Recently, Parliament introduced three Bills transforming India’s criminal laws — the Bharatiya Nyaya Sanhita to replace the Indian Penal Code; the Bharatiya Nagarik Suraksha Sanhita to replace the Code of Criminal Procedure and the Bharatiya Sakshya Bill to replace the Indian Evidence Act.

What are some positive aspects of these laws?

The government’s intention to modernize our criminal justice system is understandable and commendable.

The proposed revisions aim to bring key aspects of the system into the digital age, streamline the process of filing complaints, expedite legal proceedings, and introduce community service as a penalty for minor offenses.

The foundational framework of our existing penal code is over a century old. There is a need for legal revisions.

What are some women-centric concerns related to these Bills?

The consideration of women’s safety is of utmost importance. The Bharatiya Nyaya Sanhita (BNS) introduces more stringent and comprehensive provisions for offenses against women and children. It dedicates an entire chapter to these matters.

In contrast, under the Indian Penal Code (IPC), such crimes are part of a broader chapter on offenses “affecting the human body.”

The choice of words and the tone adopted in the proposed changes within the Bharatiya Nyaya Sanhita (BNS) exhibit a clear dichotomy in their view of gender. It upholds the idea of preserving women’s honor rather than treating women as equals.

Marital rape would only be considered a criminal offense if the wife is below the age of 18.

This outdated assumption that a married woman is the possession of her husband limits women’s control over their sexual and reproductive rights.

This is the case despite India’s efforts to strengthen laws against violence towards women and the Supreme Court’s engagement with petitions seeking to criminalize marital rape.

In specific instances, the language used in the text provides insightful viewpoints. For example, Section 73 of the BNS characterizes acts of assault as intending to “outrage her modesty.

These words reflect outdated ideas about women’s behavior, morality, and transgression. It lacks an emphasis on women’s rights.

The Bills also do not provide sufficient remedies for men or non-binary individuals encountering similar violations.

Ambiguities in certain other sections require careful reevaluation. For instance, the inclusion of “deceitful means” in relation to marriage could introduce new uncertainties when determining culpability.