Session
Source of Reference
State under Review
Recommendation
Enact comprehensive reforms to address sexual violence and all acts including violence against women, including "honour" crimes, child marriage, female feticide and female infanticide, and to remedy limitations in the definition of rape and the medico forensic procedures adopted for rape cases.
Implementation notes
National Report:
Para 125) Various forms of violence like acid attacks, stalking, public stripping, voyeurism, etc, have now been incorporated into the penal code as distinct offences. Schemes for compensating and rehabilitating victims and survivors of various forms of violence have been put in place by the state governments. Women’s helplines provide immediate and holistic response to those facing violence, including through urgent intervention, as well as facilitating access to health services, counselling and legal aid.
Para 126) India remains committed to combating sexual violence against women and children. In the aftermath of a tragic gang rape in New Delhi in December 2012, the Government of India set up the Justice J. S. Verma Committee to suggest measures for addressing violence against women. Based on the recommendations of this Committee, various law reforms were introduced. Laws relating to sexual violence were comprehensively reviewed and overhauled to recognize the multiple forms and sites of sexual violence. New procedures and evidentiary requirements were also put in place to aid swift and successful prosecutions.
Para 127) India also enacted a new law to deal with sexual violence against children of all genders. This law provides for stringent punishment, special courts, as well as procedural measures to protect the child during investigation and trial.
Para 128) India has enacted a law requiring employers to provide effective redressal to women complaining of sexual harassment, and to take other measures for fostering a gender sensitive, safe working place for women. In addition, sexual harassment has been made a distinct criminal offence.
Para 129) Apart from legislative reforms, the Government has put in place various schemes to strengthen the safety and security of women in the country. The Nirbhaya Fund is one such example. India has also been launching one stop centres to provide single point access to women affected by violence and to provide them medical and police assistance, psycho-social support, legal aid and counselling, and temporary shelter. The Government has recently proposed a National Policy for Women which supports a holistic approach to addressing violence against women.
Para 134) India is encouraged by the reduction in rates of child marriage. India remains committed to working towards the elimination of this harmful practice, through enforcement of the Prohibition of Child Marriage Act as well as through awareness raising.
UN Compilation:
Para 11) The Special Rapporteur on violence against women, its causes and consequences referred to reported failures of the thematic National Commission for Women, including … by consistently justifying sexual assault on women as a result of “provocative dressing”; and by denying reports of sexual violence by security forces, including in regions governed by the Armed Forces (Special Powers) Acts.
Para 53) The country team welcomed greater focus on improving gender outcomes …. Cash incentive schemes to promote education and encourage people to delay marriage had shown varied results and needed to be complemented.
Para 55) The Special Rapporteur indicated that violence against women had become a priority political issue following the brutal gang rape and tragic death of a young student in New Delhi in 2012. As a consequence, the Verma Committee had been established by the Government to review existing normative gaps. Regarding the partial implementation of a noted recommendation, the Rapporteur reported on the Criminal Law (Amendment) Act 2013, which: recognized acid attacks as a new criminal offence; provided for penalties for sexual harassment, assault against or use of criminal force on a woman with the intent to disrobe, voyeurism and stalking; introduced the crime of trafficking; and criminalized rape and gang rape. UNHCR reported that, in accordance with the Act, the police would also be penalized for failing to register first information reports.
Para 56) The country team reported that marital rape continued to be outside the ambit of criminal law. It indicated that section 357-A of the Code of Criminal Procedure had introduced the concept of reparations in criminal cases, and that all states in India had established victim compensation schemes, although their scope and implementation varied. It noted that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 had been enacted.
Para 57) The Special Rapporteur on violence against women reported that the lack of implementation of the Protection of Women from Domestic Violence Act was a concern. The attitudes and prejudices of many village leaders in Khap Panchayats (local councils), who acted as informal judicial officers, often led to a pre-arranged settlement between families, thus failing to provide effective redress for victims
62) … The country team indicated that, in 2013, the Government had proposed a national strategy on the elimination of child marriage and an action plan to implement it. However, the measures were pending finalization
Stakeholder Summary:
Para 16) Affirmative action in education has resulted in delayed marriages.
Para 17) Concerning recommendations on free choice of marriage and measures to dissuade child marriage, the “Prohibition of Interference with the Freedom of Matrimonial Alliances Bill” to prevent honour killings was supported by several states. However, Government has not proceeded, even with this Bill, which steers clear of suggesting Penal Code amendments for defining honour killings and proposing appropriate punishment. The Bill does not propose amendment to the Special Marriage Act to remove the 30-day waiting period for registering a marriage. India does not have a law on compulsory registration of marriages. Hence, child marriage and forced marriage go on with impunity. Child marriage continues due to ineffective implementation of the law, traditional customs and practices and the absence of a survey to arrive at a baseline to make a meaningful impact in eliminating child marriage.
Para 18) On violence against women and children, the Criminal Law (Amendment) Act 2013 redefined rape and incorporated additional provisions on violence against women along with stringent punishments yet violence against women continue. In 2014 there were 337,922 cases against women of which 36,735 were of rape. The Protection of Children from Sexual Offenses Act, 2012 (POCSO); and Sexual Harassment of Women at Work Act 2013 have been enacted. While the legal regime stands strengthened, allegations of sexual offences against minors have not shown signs of abatement.
Para 37) In 2014, 2333 registered rapes of SC women –an average of 6 per day were reported.
Para 74) AI stated that over 327,000 crimes of violence against women, including over 34,000 cases of rape, were reported in 2015. HRW reported that following outrage over a brutal gang rape and murder in Delhi, the Government amended its criminal laws with a view to strengthening the criminal justice response to sexual assault.
Para 125) Various forms of violence like acid attacks, stalking, public stripping, voyeurism, etc, have now been incorporated into the penal code as distinct offences. Schemes for compensating and rehabilitating victims and survivors of various forms of violence have been put in place by the state governments. Women’s helplines provide immediate and holistic response to those facing violence, including through urgent intervention, as well as facilitating access to health services, counselling and legal aid.
Para 126) India remains committed to combating sexual violence against women and children. In the aftermath of a tragic gang rape in New Delhi in December 2012, the Government of India set up the Justice J. S. Verma Committee to suggest measures for addressing violence against women. Based on the recommendations of this Committee, various law reforms were introduced. Laws relating to sexual violence were comprehensively reviewed and overhauled to recognize the multiple forms and sites of sexual violence. New procedures and evidentiary requirements were also put in place to aid swift and successful prosecutions.
Para 127) India also enacted a new law to deal with sexual violence against children of all genders. This law provides for stringent punishment, special courts, as well as procedural measures to protect the child during investigation and trial.
Para 128) India has enacted a law requiring employers to provide effective redressal to women complaining of sexual harassment, and to take other measures for fostering a gender sensitive, safe working place for women. In addition, sexual harassment has been made a distinct criminal offence.
Para 129) Apart from legislative reforms, the Government has put in place various schemes to strengthen the safety and security of women in the country. The Nirbhaya Fund is one such example. India has also been launching one stop centres to provide single point access to women affected by violence and to provide them medical and police assistance, psycho-social support, legal aid and counselling, and temporary shelter. The Government has recently proposed a National Policy for Women which supports a holistic approach to addressing violence against women.
Para 134) India is encouraged by the reduction in rates of child marriage. India remains committed to working towards the elimination of this harmful practice, through enforcement of the Prohibition of Child Marriage Act as well as through awareness raising.
UN Compilation:
Para 11) The Special Rapporteur on violence against women, its causes and consequences referred to reported failures of the thematic National Commission for Women, including … by consistently justifying sexual assault on women as a result of “provocative dressing”; and by denying reports of sexual violence by security forces, including in regions governed by the Armed Forces (Special Powers) Acts.
Para 53) The country team welcomed greater focus on improving gender outcomes …. Cash incentive schemes to promote education and encourage people to delay marriage had shown varied results and needed to be complemented.
Para 55) The Special Rapporteur indicated that violence against women had become a priority political issue following the brutal gang rape and tragic death of a young student in New Delhi in 2012. As a consequence, the Verma Committee had been established by the Government to review existing normative gaps. Regarding the partial implementation of a noted recommendation, the Rapporteur reported on the Criminal Law (Amendment) Act 2013, which: recognized acid attacks as a new criminal offence; provided for penalties for sexual harassment, assault against or use of criminal force on a woman with the intent to disrobe, voyeurism and stalking; introduced the crime of trafficking; and criminalized rape and gang rape. UNHCR reported that, in accordance with the Act, the police would also be penalized for failing to register first information reports.
Para 56) The country team reported that marital rape continued to be outside the ambit of criminal law. It indicated that section 357-A of the Code of Criminal Procedure had introduced the concept of reparations in criminal cases, and that all states in India had established victim compensation schemes, although their scope and implementation varied. It noted that the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act 2013 had been enacted.
Para 57) The Special Rapporteur on violence against women reported that the lack of implementation of the Protection of Women from Domestic Violence Act was a concern. The attitudes and prejudices of many village leaders in Khap Panchayats (local councils), who acted as informal judicial officers, often led to a pre-arranged settlement between families, thus failing to provide effective redress for victims
62) … The country team indicated that, in 2013, the Government had proposed a national strategy on the elimination of child marriage and an action plan to implement it. However, the measures were pending finalization
Stakeholder Summary:
Para 16) Affirmative action in education has resulted in delayed marriages.
Para 17) Concerning recommendations on free choice of marriage and measures to dissuade child marriage, the “Prohibition of Interference with the Freedom of Matrimonial Alliances Bill” to prevent honour killings was supported by several states. However, Government has not proceeded, even with this Bill, which steers clear of suggesting Penal Code amendments for defining honour killings and proposing appropriate punishment. The Bill does not propose amendment to the Special Marriage Act to remove the 30-day waiting period for registering a marriage. India does not have a law on compulsory registration of marriages. Hence, child marriage and forced marriage go on with impunity. Child marriage continues due to ineffective implementation of the law, traditional customs and practices and the absence of a survey to arrive at a baseline to make a meaningful impact in eliminating child marriage.
Para 18) On violence against women and children, the Criminal Law (Amendment) Act 2013 redefined rape and incorporated additional provisions on violence against women along with stringent punishments yet violence against women continue. In 2014 there were 337,922 cases against women of which 36,735 were of rape. The Protection of Children from Sexual Offenses Act, 2012 (POCSO); and Sexual Harassment of Women at Work Act 2013 have been enacted. While the legal regime stands strengthened, allegations of sexual offences against minors have not shown signs of abatement.
Para 37) In 2014, 2333 registered rapes of SC women –an average of 6 per day were reported.
Para 74) AI stated that over 327,000 crimes of violence against women, including over 34,000 cases of rape, were reported in 2015. HRW reported that following outrage over a brutal gang rape and murder in Delhi, the Government amended its criminal laws with a view to strengthening the criminal justice response to sexual assault.
Reference type
Response