Justice J.S. Verma Committee & Death Penalty for Rape

In recent years, India has witnessed significant legal reforms in response to high-profile cases of sexual violence. The tragic gang rape and murder of a doctor at Kolkata’s R.G. Kar Medical College and Hospital has ignited a fresh debate on the adequacy of the current legal framework, specifically regarding the death penalty for rape. This incident has brought renewed attention to the recommendations of the Justice J.S. Verma Committee, which played a pivotal role in shaping the legal landscape for sexual offenses in India.

Justice J.S. Verma Committee Recommendations

Established following the brutal gang rape of a paramedic student in Delhi on December 16, 2012, the Justice J.S. Verma Committee was tasked with reviewing the laws concerning sexual violence. The committee submitted its report on January 23, 2013, offering a series of recommendations aimed at strengthening the legal response to such crimes.

• Death Penalty Stance: The Verma Committee recommended enhanced sentences for rapefrom 7 years to 10 years, 20 years, and life, but “short of death”. It explicitly advised against the death penalty, stating that it did not act as a deterrent. The committee highlighted that there is no substantial evidence to support the notion that the death penalty effectively prevents serious crimes. Instead, it proposed rigorous imprisonment for a term not less than twenty years for those who cause the victim to be in a persistent vegetative state, extending to life imprisonment if required.
• Marital Rape: The committee advocated for the removal of the exception to marital rape, asserting that a marital relationship should not exempt a perpetrator from rape charges. This stance was aligned with international human rights norms (European Commission of Human Rights in C.R. vs U.K.) and aimed to ensure that consent remains central to any sexual act, irrespective of the relationship between the parties involved.
  • The Union government did not go by this recommendation and refused to criminalise marital rape.
  • Under the Bharatiya Nyaya Sanhita, exception 2 of Section 63 states that “sexual intercourse or acts by a man with his wife, the wife not being under 18 years of age, is not rape.”
• Gender Rights: The committee emphasized that the empowerment of women extends beyond political equality to encompass social, educational, and economic dimensions. It stressed the need for legal and public policy measures to address gender biases and promote true equality.

Government Response and Legislative Changes

Despite the committee's recommendations, the Union Cabinet did not incorporate the suggestion on the death penalty into the 2013 criminal amendments. The Cabinet opted instead for a more nuanced approach, which included:

• Legislative Amendments: The Criminal Law (Amendment) Act, 2013, introduced provisions for the death penalty in specific severe cases of rape:
  • Section 376A: Mandates death or life imprisonment for rape resulting in the victim’s death or a persistent vegetative state.
  • Section 376E: Prescribes the death penalty for repeat offenders.
  • Section 376DB: Imposes the death penalty for gang rape of a minor under 12 years old and life imprisonment for victims under 16 years old.
  • Further amendments in 2018 reinforced these provisions, with the Bharatiya Nyaya Sanhita (BNS) including similar punitive measures for rape cases involving minors.

Challenges and Ongoing Issues

The legal framework established post-2013 represents a significant shift towards stringent measures against sexual violence. However, challenges remain:

• Effectiveness of Death Penalty: The debate continues on whether the death penalty serves as a real deterrent or if alternative punitive measures might be more effective.
• Implementation and Awareness: Ensuring that the laws are effectively implemented and that there is widespread awareness about legal rights and remedies remains crucial.
• Societal Attitudes: Beyond legal reforms, addressing deep-seated societal attitudes and biases regarding gender and sexual violence is essential for achieving lasting change.