Sexual Violence against Women in

India: critical Evaluation of Verma

Committee Report

Project submitted to

Dr. avinash samal

(Faculty: political science)

Project submitted by

Shalki Tiwari

(Political science, major)

Semester six

Roll no. 117

HIDAYATULLAH NATIONAL LAW

UNIVERSITY
RAIPUR, C.G.
 TABLE OF CONTENTS

Acknowledgements ……………………………………………………………3

RESEARCH Methodology ………………………………………………………4

Introduction .…………………………………………………………………….5

Violence against women………………………………………………………6

Violence against women and public policy……………………………8

J.s. verma Committee………………………..……………………………………10

Recommendations made by verma committee……………………… 12

evaluation of the committee report…………………………………… 12

criticism of the committee report……………………………………… 12

Conclusion…………………………………………………………………………18

References …………………………………………………………………………19
 ACKNOWLEDGMENTS

At the outset, I would like to express my heartfelt gratitude and thank my teacher, Dr. Avinash
for putting his trust in me and giving me a project topic such as this and for having the faith in
me to deliver. Sir, thank you for an opportunity to help me grow.

My gratitude also goes out to the staff and administration of HNLU for the infrastructure in the
form of our library and IT Lab that was a source of great help for the completion of this project.

- Shalki Tiwari

(Semester one)
 Objectives:

 To understand what constitutes sexual violence against women

 To examine how public policy is related with the protection of women
 To critically evaluate the Verma committee Report

Research methodology

This Doctrinal research is descriptive and analytical in nature. Secondary and Electronic
resources have been largely used to gather information and data about the topic.

Books and other reference as guided by Faculty of Political Science have been primarily helpful
in giving this project a firm structure. Websites, dictionaries and articles have also been referred.

Footnotes have been provided wherever needed, to acknowledge the source.

 Introduction

“Woman is the companion of man, gifted with equal mental capacities. She has the right to
participate in the minutest details in the activities of man, and she has an equal right of freedom
and liberty with him. She is entitled to a supreme place in her own sphere of activity as man is in
his. This ought to be the natural condition of things and not as a result only of learning to read
and write. By sheer force of a vicious custom, even the most ignorant and worthless men have
been enjoying a superiority over woman which they do not deserve and ought not to have. Many
of our movements stop half way because of the condition of our women.”1

According to the report of United Nations Publication 1980 “women constitute half of world
population, perform nearly two third of work hours, receive one tenth of the world income and
own less than one hundred percent off world’s property”. 2 Women always being an important
part of society but unfortunately they are suffering with so many problem worldwide and due to
these all measures Some historians believe that the history of violence against women is tied to
the history of women being viewed as property and a gender role assigned to be subservient to
men and also other women.3
In context of India, there is a glorious history of women and these were Indian who made a lady
prime minister in childhood of our nation named Indira Gandhi and placed the Mother before the
Father in priority for reverence. “Matra Devo Bhava” concept was only in our culture. Hinduism
is the only religion whose symbolism places the Feminine on a par with the Masculine in the
profound concept of Siva-Sakthi culminating in the image of Ardharnari-Isvara. We have
honored our country as our Motherland "Bharat Mata" and our nationalism has grown up from
the seed Mantra "Vande Mataram".

1
Mahatma Gandhi, Verma Committee Report, 1
2
Pandeya Rameshvari (2007), Women in India:Issues, Perspective and Solutio, New Century Publication, New
Delhi Pg. No.14
3
Harvey Penelope & Gow Peter (1994) ,Sex and Violence : Issues in Representation and Experience, Routledge
Publication U.K.ISBN 0-41505734-5, Pg No.36
But unfortunately country like India which have a glorious history of women, is going through
the worst time of women status. Violence against women has increased by 4.3 to 17.4 within last
20 years.4 The growing crime rate against women needed attention toward the problem and
analysis of legal framework of women protection and empowerment.

Definition Violence against Women

Violence against women is a form of discrimination and violation of human rights. It

causes untold misery, stops them from fulfilling their potential, restricts economic growth and
undermines development it can only be eliminated by addressing discrimination, promoting
women’s equality and empowerment5.
The convention on the elimination of all type of discrimination against women CEDAW
describes violence against women, any act of gender based violence that results in or is likely to
result in physical sexual or mental harm or suffering to women including threats of such act
coercion or arbitrary deprivation of liberty, whether accusing in public or in private life. 6
Whereas human rights perspective in defining Violence against women would provide
the broadest definition of violence against women because it includes all types of violent crimes
perpetrated against women and female children, as well as psychological abuse, deprivation, and
mal-development. It would also include state-tolerated and state-sanctioned discrimination that
deprives women of their basic human rights.7
In India, violence against women starts even before her birth as female foeticide sill
remains one of the crucial problem yet to be resolved. She is not safe even in her home as she
never know when his father, brother or in laws may beat her and this can also not be statically
determined as these cases usually go unreported. She is neither safe on the road nor in the
workplace as even today, ‘the mainstream remains very much a male stream’.

4
NCRB Report-2009 www.ncr.nic.in
5
http://www.un.org/womenwatch/daw/vaw/launch/english/v.a.w-exeE-use.pdf
6
Rayprol Aparna and Ray Saumya Understanding of Gender Justice (2010), Indian Journal of Gender Justice Vol.
7, October, Sage Publication New Delhi ,Pg. No. 341,
7
Patricia Tjaden, Defining and measuring violence against women: Background, issues, and recommendations,
http://www.un.org/womenwatch/daw/egm/vaw-stat-2005/docs/expert-papers/Tjaden.pdf
 NCRB-2009 shows that crime against women going with tremendous speed for instance
crime rate against women has increased from 4.3 to 17.4 within last 20 years. 8 Violence against
women takes a dismaying variety of forms, from domestic abuse, rape to child marriages and
female circumcision. However, it is important to mention here that data presented here is only a
partial reflection of the extent of crimes against women as most incidents of violence go
unreported.9

Violence Against Women and Public Policy

There has been policies for women empowerment in India 10 and such polices also aim in
promoting women in all the spheres, economically, socially, politically and legally. However,
one may see clear absence of any policy that is even remotely related with protection of women
against the sexual violence. There have been policies that dealt with development of women but
there has been explicit failure in the execution part. Also, the said policies did mentioned the
need for women empowerment but fails to determine the factors that are resulting in the sad
status of women in India and therefore such policies are not effective as the first step of policy
making is missing and the policy makers are not able to actually determine the reasons for
disparity between status of man and women in India.
In India, though, we did not need special antidiscrimination legislation or for that matters
special courts to deal with complaints relating to discrimination because of the presence of a
written Constitution. However, it may not be irrelevant to incorporate the principles of
promotion of equality and prevention of unfair discrimination, which have in fact been the
subject matter of special legislation in some jurisdictions.11
If true empowerment of women were to mean anything, it is necessary that law, as well
as public policy, must be capable of engaging substantially with women’s rights, opportunities,
acquisition of skills, the ability to generate self-confidence and insist on total equality in
relationships, both with society and the State. It is the inability of women to claim equality in
society which has led to a slant against women as a consequence of which there has been a latent
bias against women in the prosecution of crimes including its prevention.
8
NCRB Report-2009 www.ncr.nic.in
9
Source: NCRB :Crime in India, 2002; Through the www.swayam.info
10
National Policy for Empowerment of Women 2001
11
http://www.thehindu.com/news/national/439action-plan-to-combat-crime-against-women/article4379613.ece
 J.S. Verma Committee

The Justice Verma Committee was set up by the Government of India after the gruesome
gang rape incident that occurred in Delhi on December 16, 2012. The Committee was asked to
review existing laws and suggest amendments to criminal law to effectively deal with instances
of sexual violence. The Committee, however, did not view its mandate as only drafting new
laws. It placed its mandate within the framework of the Constitution. The Committee grounded
its report in the State’s obligation to secure the fundamental rights of its citizens, which includes
the right of every person to assert one’s individual autonomy. In the context of women, if they
are denied autonomy, even by actors other than State, the duty of the State does not diminish
only on that ground. The failure to secure rights of women results in the State denying the right
to equality and dignity that women are guaranteed under the Constitution. 12 The Committee’s
report, including the new offences that have been created, and modifications suggested of the
existing ones need to be viewed within this Constitutional framework.
The Justice Verma committee has made wide ranging recommendations for changes to
various laws that impact upon women’s right to equality and right to dignity. The report put-forth
the set of new offences recommended by the Committee, including stalking and voyeurism. The
modifications were also suggested to Section 354 of the Indian Penal Code (IPC), which defines
the offence of “outraging the modesty of a woman". The offence has been re-christened as
“sexual assault” and the terminology has been changed from archaic concepts of “modesty” to
recognition of sexual autonomy, dignity and freedom. We also discuss amendments suggested to
the Code of Criminal Procedure, 1973 (Cr.P.C.) and the Indian Evidence Act, 1872 (IEA). The
recommendation to introduce a new offence of trafficking, as also issues relating to medical
examination of rape survivors was also made.13
The said committee has also severly criticized and questioned the validity and authority
14
of the Khap Panchayats and Honor Killing to declare Marriage void and punish the girl and
boy doing so. The report has clearly stated that such activities shall be completely prohibited by
12
See Verma Committee Report, pg.65-67.
13
http://currentaffairsappsc.blogspot.in/2013/01/justice-verma-committee-report-on.html
14
Pg. 228 of the report
the state and the required legislation, The Prohibition of Unlawful Assembly (Interference with
the Freedom of Matrimonial Alliances) Bill, 2011.15
The report also blamed failure of good governance is to be blamed for breakdown of rule of law
and violence against women. Deficiency of gender bias, that cannot be overcome by laws, has to
be overcome by administration.16

Recommendations by the Committee

1. Acid Attack: Voluntarily causing grievous hurt through use of acid shall be punished with
rigorous imprisonment for a term which shall not be less than ten years but which may
extend to life. Voluntarily throwing or attempting to throw acid shall be punished with
rigorous imprisonment for a term which shall not be less than five years but which may
extend to seven years.
2. Sexual assault shall include the act of intentional touching of another person when such act
of touching is of a sexual nature and is without the recipient’s consent; Using words, acts or
gestures towards or in the presence of another person, which create an unwelcome threat of a
sexual nature or result in an unwelcome advance. Assault or use of criminal force to woman
with intent to disrobe her shall be punished with imprisonment for a term which shall not be
less than three years but which may extend to seven years.
3. New offences under the Indian Penal Code, 1860: Voyeurism shall be punished with
imprisonment of a term, which shall not be less than one year, but may extend to three years.
Stalking or attempts to contact such person to foster personal interaction repeatedly shall be
punished with imprisonment of a term which shall not be less than one year but which may
extend to three years.
4. Trafficking of a person will be punished with rigorous imprisonment for a term which shall
not be less than seven years, but which may extend to ten years. Every District Magistrate
is responsible for carrying out a census of missing children within his district.
5. Amedments in specific provisions relating to the offence of rape: Whoever commits the
offence of rape shall be punished with rigorous imprisonment for a term which shall not be
less than seven years but which may extend to imprisonment for life

15
Report, pg. 234
16
http://www.thehindu.com/news/national/failure-of-governance-root-cause-of-crimes-against-women-verma-
committee/article4336046.ece?homepage=true
6. Punishment for causing death or a persistent vegetative state in the course of committing rape
shall be punished with rigorous imprisonment for a term, which shall not be less than twenty
years, but may be for life. Gang-rape will entail a punishment of not less than 20 years, but
which also may extend to life. Gang-rape followed by death shall be punished with not less
than life imprisonment. A special procedure for protecting persons with disabilities from
rape, and requisite procedures for access to justice for such persons is also an urgent need.
Amendments to the Code of Criminal Procedure, which are necessary, have been suggested.
The protocols for medical examination of victims of sexual assault have also been
suggested.
7. Recognition of Marital Rape: The Committee recognizes marital rape. Recommends
removing of ‘marital rape exception’.
8. Sexual violence by members of the Armed Forces: Sexual violence against women by
members of the armed forces or uniformed personnel must be brought under the purview of
ordinary criminal law. There is an imminent need to review the continuance of Armed Forces
(Special Powers) Act 1958. The panel recommends amendment to Section 6 of AFSPA.
9. All marriages in India (irrespective of the personal laws under which such marriages are
solemnized) should mandatorily be registered in the presence of a magistrate, which
magistrate will ensure that the marriage has been solemnized without any demand for dowry
having been made and that the marriage has taken place with the full and free consent of both
partners.
10. Authentic figures of missing children in India are not available for obvious reasons of the
complicity of law enforcement agencies. Children have been driven into forced labour, sex
abuse, sexual exploitation as well as made victims of illegal organ trade. Our report includes
the testimonies of children (whose identities have been concealed for their safety) to verify
facts from their personal experience. As a small gesture, this Committee has (at its own cost)
taken necessary steps for proper rehabilitation and education of one of these children,
payment of the minimum wages due to the said child, her safe passage and reintegration with
her family, psychotherapeutic intervention, and to fulfil her educational aspirations.The
Committee expects similar treatment by the State of all such deprived children.
11. To augment the police force, there is a need to develop community policing by involving
the local gentry, which would also motivate them to perform their duty as citizens.
 Respectable persons in each locality could also be appointed Special Executive Magistrates
under Section 21, Cr.P.C. and invested with powers to deal with the traffic offences and other
minor offences. In addition, to assisting the maintenance of law and order in the locality,
their presence would inspire greater confidence of safety in the locality.
12. Street lighting everywhere would provide more safety since dark areas are more prone to
facilitate crimes. There is great wisdom in the words of the American Judge Louis Brandeis,
that "Sunlight is said to be the best of disinfectant; electric light the most efficient
policeman".

Critical Evaluation of the Verma Committee Report

The verma committee report is quite extensive and tries to cover almost all the aspects
of crime against women in India. It not only identifies all sorts of crimes against women in India,
but also, has suggested appropriate reforms for so, police reforms amongst which is quite
important as it is where the execution part of the policy lies and also, hat is the major flaw in he
administration in India.
Most of the recommendations by Verma committee have now been incorporated as Criminal
Law Amendment Ordinance. Except certain flaws that are quite peculiar in nature, the report is
quite commendable.
The committee has not recommended the punishment of Castration to the accused of the
heinous crime of rape though does not look like a better option at the first sight, but when we
study criminal psychology in detail, we’ll find that if we provide such a punishment to rape
convicts it will lead to the development of frustration and anger in the criminal and may give rise
to increase in number of such cases. Moreover, the committee has suggested that the rape convict
shall not be sentenced for less than life imprisonment and the executive discretion has been also
taken away to release the accuse after 14 years of his punishment on the ground of good
behavior.
The committee has also broadened the ambit of rape and the ordinance has amended the
term “Rape” with “Sexual Assault”. This also is one of the most appraised improvement in the
criminal laws.
 The committee has also not left the so called Honor Killing and invalid, unconstitutional
declarations of self proclaimed Khap Panchayat. It has recommended to the legislature to enact
the pending bill for betterment.
The report has also acknowledged the international obligations in the framework of
formulating a stringent policy for the betterment of women, here, we can mark the affect of
international non state actors influencing the state policies.
In the report, the job that has been done is not just broadening the definition of rape, also,
there has been various other offences that has been recognized and are suggested to be
incorporated in the criminal laws to safeguard the dignity of a women. Offences like eve-teasing,
which may even go to dangerous degree has been recognized which earlier had gone ignored.
Also, other measures that are to be taken for the protection of the women are suggested
like street lighting in the night etc. the committee has also recognized that there has been
absolute failure on the part of the police to maintain safe environment for a women and had
suggested that the legislation must now put forth the long due police reforms. Hence the
execution part of the policy implementation has been severely criticized.
The civil society has also been asked to play an active role in bringing into police’s notice
the majority of such offences against women that go un-noticed as are not reported due to the
fear of shame and losing the so call dignity and integrity of the family.
The committee even has suggested amendments in the Representations of peoples’ Act
for minimizing the involvement of criminals in the politics. It has suggested majority of electoral
reforms as the committee members were shocked with the response and comments made by
various members of Parliament and the Legislatures on the victim and also women.
He committee has also suggested to bring in change in the medical examination of the
rape victim as the current procedures that are followed for the examination of the rape victim are
horrifying and directly attacks the integrity and dignity of a women. Such practices can be
termed as another harassment after the harassment by the accused. The two finger tests shall be
completely abolished even when it has been abolished by the Apex court of India as it is
explicitly derogatory to the dignity and integrity of India.
The committee has also suggested for reforms in the education of the children in middle
school. Education related to sex in quite important to make children aware bout other sex’s body,
lessen the curiosity and also such will reduce the increasing statistics of sexually transmitted
disease

Criticism of the Report

The Verma committee was formulated in quite haste, for dealing with such a
trivial issue of national issue, to calm down the clamor of the public. Time of just one month for
formulating a report on a trivial matter of protection of women, also, the report incorporates in
itself not just the matter of rape or sexual assault, but also the police reforms that may help in
protection of women in India hence for it should not have been made in such a hurry.
Also, the committee consists only 3 member, J. Verma, J. Leila Seth, and
Mr. Gopal Subhramanyam. In the matter of formulation of such a policy, that relates so closely
and affects women, the committee shall also include imperative Women Right Activist, who has
been involved and has been working in such matters since a long time. None of the members of
the committee was activist in this field.
The report is also completely silent on the law of prostitution. Since prostitution without
pimps and solicitation is legal in India, the practice of prostitution could curb rapes especially in
cities that are flooded with male migrant workers. One of the reasons why rape is fewer in
Mumbai, despite it being the glamour capital of India, is the widespread existence of red-light
areas. It is very important for any just society to address itself to the sexual needs of its people in
a thoughtful manner, taking the socio-economic constraints into consideration17.

Recommendations such as reviewing the Armed Forces (Special Powers) Act, 1958 can
have a demoralising effect of jawans fighting terrorists in places where few dare to tread. The
safeguards therein for prior sanction for prosecution are to curb motivated complaints by terrorist
elements to demoralise the police force.

The said report had not talk about the reformation of the convicts, rather they
have supported the deterrence theory of punishment. Reformation of such convicts are quite

17
http://www.dnaindia.com/analysis/column_vital-links-missing-in-justice-verma-report_1792435
important for the purposes of betterment of the society. Reforming these convicts should be the
aim of these punishments rather that merely punishing and retribution them.
The report also refuses to lessen the age of Juveniles from 18 to 16 merely on
the basis that the said juvenile may not be reformed during the term he will be in the prison. The
said basis is quite illogical as the committee is not believing in the reformative sysem of the
prison. Also, in the case because of which he said committee was established the juvenile
himself has assaulted the victim in the most draconian and brutal way. If he gets acquitted
merely on the ground that he’s a juvenile and has attained the age of 17.5 and not 18, it will be
absolute denial of justice! The committee should rather have recommended that for convicting,
mental status of juvenile should be taken into consideration and nothing else.
The report did not talk about the made up offence by women merely for the
purpose of accusing men and rapping them in the false charges. For example, maximum number
of cases in Dowry Prohibition Act are false and are merely are lodged to harass the in-laws.
Also, It has been history that that if actual facts and circumstances where the accused as well as
victims have been brought up should not be taken into consideration that may result in denial of
justice.
Further, the ordinance fails to provide for rehabilitation of victims/survivors by
the state, thereby, continuing a faulty approach wherein rape, acid attacks etc are viewed as
matters between individuals rather than a general phenomenon and State responsibility. The
language of “outraging the modesty of a woman” is retained in the new law, thereby, keeping the
onus of proving modesty and good character upon women. Through the ordinance, the
government has of course, denied urgency to issues of reforms in Constitution, governance,
policing and education.
S. 354, S. 354A and S. 354B have not been made gender neutral. One fail to
understand the difference between a man watching a woman naked or a woman watching a man
naked. Both are voyeuristic, unless the state want to attach value to women's modesty. So is for
sexual assault and disrobing.

.
 Conclusion
“A society that is unable to respect, protect and nurture its women and children loses its moral
moorings and runs adrift.”18

The Verma Committee recommendations were based on unequivocally safeguarding the

bodily integrity of women, i.e., respecting and upholding the complete right of a woman on her
body. However, in the ordinance passed, by excluding marital rape or refusing to amend the
permission required to prosecute armed personnel in regions under AFSPA or other special laws,
the government has again made exceptions. The new ordinance passed following he
recommendations is clearly not founded on correct principles and continues to treat women as
subordinate to husbands or the armed forces. How can such an anomaly be explained? How can
a law that is steeped in the understanding that a woman’s bodily integrity is subordinate or
expendable when it comes to safeguarding the territorial integrity of the nation, or which
presumes that sexual relations in marriage can be non-consensual as a matter of right for
husbands, claim to be free of the same deep rooted gender-bias that continues to plague the entire
state and polity? India continues to be the only democratic country in the world not to include
“marital rape” within the ambit of law19.

The committee has also criticized the social scenario and has taken all such action
through educational reforms to change the male dominant mentality of the society. All hese
changes take their time. Certainly there is need for changes in the mentality of the men as well as
women as hey as always been seen as subordinate to women despite of all the developments.

18
The Hindu- Opinion; Sept, 15 2012
19
http://barandbench.com/brief/2/3130/justice-verma-committee-some-of-the-recommendations-
 But the ball is again in the court of executive and it is all on them how they execute the
said reforms and the legislature to enact a proper law consistent with the recommendations made.
The committee has done a commendable job in such a short period of time all the facets of crime
against women has been looked into with all the possible scrutiny all that now required is for the
people to respect a women, change their mindsets and also reverse back to that society where
women had a dignified respected life and she can walk without fear equally to men.

References
 Verma Committee Report, 2013

Articles:
  Rayprol Aparna and Ray Saumya Understanding of Gender Justice (2010), Indian Journal
of Gender Justice Vol. 7, October, Sage Publication New Delhi ,Pg. No. 341,
 Patricia Tjaden, Defining and measuring violence against women: Background, issues,
and recommendations,
 Pandeya Rameshvari (2007), Women in India:Issues, Perspective and Solutio, New
Century Publication, New Delhi Pg. No.14
 Harvey Penelope & Gow Peter (1994) ,Sex and Violence : Issues in Representation and
Experience, Routledge Publication U.K.ISBN 0-41505734-5, Pg No.36

Webliography

 www.ncr.nic.in
 www.ncr.nic.in
 www.swayam.info
 http://barandbench.com/brief/2/3130/justice-verma-committee-some-of-the-
recommendations-
 http://www.dnaindia.com/analysis/column_vital-links-missing-in-justice-verma-
report_1792435
 http://www.thehindu.com/news/national/failure-of-governance-root-cause-of-crimes-
against-women-verma-committee/article4336046.ece?homepage=true
 http://www.dnaindia.com/india/report_justice-verma-blames-bad-governance-for-crimes-
against-women_1791885
 http://currentaffairsappsc.blogspot.in/2013/01/justice-verma-committee-report-on.html
 http://www.thehindu.com/news/national/439action-plan-to-combat-crime-against-
women/article4379613.ece
 http://www.un.org/womenwatch/daw/vaw/launch/english/v.a.w-exeE-use.pdf
 http://www.un.org/womenwatch/daw/egm/vaw-stat-2005/docs/expert-papers/Tjaden.pdf