Tag Archives: Ordinance on sexual violence 2013

Law, Sex, Violence-Conflict

The Criminal Law Ordinance 2013 on Sexual Assault – Cut, Paste and Shock! Pratiksha Baxi

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Guest post by PRATIKSHA BAXI 

Once the Criminal Law Ordinance 2013 was uploaded, circulated and read many times, an overwhelming desire to mark the ordinance to all one’s students as an example on how not to frame laws has grown. Yet, explain one must, why the current law on sexual assault is so bizarre, even if we do not bring in the so-called controversial elements and keep to the text of the ordinance.

The Criminal Law Ordinance 2013 begins with the definition of sexual assault as a gender-neutral offence. It does not make an exception to state that women do not rape men in everyday contexts under s. 375. Since such an exception is not added, and the ordinance specifies that ‘sexual intercourse or sexual acts by a man with his own wife, the wife not being under sixteen years of age, is not sexual assault’, we are faced with a confounding and deeply misogynist legal consequence. Wives, we are told cannot prosecute husbands for sexually assaulting them. But since sexual assault is gender neutral without any exceptions and the marital rape exemption is not extended to husbands, now husbands can accuse wives of sexual assault but wives can never prosecute husbands for sexual assault!  Continue reading The Criminal Law Ordinance 2013 on Sexual Assault – Cut, Paste and Shock! Pratiksha Baxi →

Debates, Genders, Sex, Violence-Conflict

“The impunity of every citadel is intact” – the taming of the Verma Committee Report, and some troubling doubts

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Legal activist Vrinda Grover said in the FeministsIndia e-list about the Ordinance: “The impunity of every citadel is intact – family, marriage, public servants, army, police.” In effect, she said, the Ordinance is simply the pending Criminal Law Amendment Bill 2012, widely criticized by women’s organizations, which has been sneaked in as law without debate or consultation, in Parliament or outside. Feminists activists are rightly suspicious of the sudden sense of “emergency” that has gripped the government, when it has ignored our demands for criminal law reform on sexual violence for over twenty years.

Here I will document two press releases issued by women’s groups, and draw attention to some troubling and unresolved debates within the women’s movement in India today. The post will conclude with a useful table comparing the Ordinance and the JVC Report, issued by the Ministry of Home Affairs. Continue reading “The impunity of every citadel is intact” – the taming of the Verma Committee Report, and some troubling doubts →