The laws relating to rape and sexual assault are set to undergo a radical overhaul with the Union Home Ministry readying a draft Bill on the subject. Home Minister P. Chidambaram’s remarks suggest that the proposed legislation is likely to be based on the Law Commission of India’s 172nd report, which called for a thoroughgoing review of our rape laws.




The 2000 report was prepared following a direction from the Supreme Court that loopholes in the law relating to rape and sexual assault should be identified with a view to plugging them. At least two major changes seem to be on the anvil. First, the meaning of rape, which Section 375 of the Indian Penal Code construes as non-consensual sexual intercourse, will be broadened to cover other forms of penetrative acts that fall outside the purview of the existing definition. The Law Commission, the National Commission for Women, and various feminist
organisations have supported such a widening of the definition of rape on the ground that the existing legal provisions neither reflect nor deal adequately with the various kinds of sexual assault women are subjected to in India.





The restrictive interpretation of the term ‘penetration’ in the Explanation to Section 375 fails to address the myriad ways victims of sexual crime can be humiliated — physically, emotionally, and psychologically. Rape, as feminists have argued, must be understood as an experience of brutal violation and degradation and not just the act of penetration.

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