Whoever, commits an offence punishable under sub-section (1) or sub-section (2) of section 376 and in the course of such commission inflicts an injury which causes the death of the woman or causes the woman to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than twenty years, but which may extend to imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life, or with death.
Tag: Gender-biased Laws
IPC 376 – Punishment for rape
(1) Whoever, except in the cases provided for in sub-section (2), commits rape, shall be punished with rigorous imprisonment of either description for a term which shall not be less than ten years, but which may extend to imprisonment for life, and shall also be liable to fine.
(2) Whoever,—
(a) being a police officer, commits rape—
(i) within the limits of the police station to which such police officer is appointed; or
(ii) in the premises of any station house; or
(iii) on a woman in such police officer’s custody or in the custody of a police officer subordinate to such police officer; or
(b) being a public servant, commits rape on a woman in such public servant’s custody or in the custody of a public servant subordinate to such public servant; or
(c) being a member of the armed forces deployed in an area by the Central or a State Government commits rape in such area; or
(d) being on the management or on the staff of a jail, remand home or other place of custody established by or under any law for the time being in force or of a women’s or children’s institution, commits rape on any inmate of such jail, remand home, place or institution; or
(e) being on the management or on the staff of a hospital, commits rape on a woman in that hospital; or
(f) being a relative, guardian or teacher of, or a person in a position of trust or authority towards the woman, commits rape on such woman; or
(g) commits rape during communal or sectarian violence; or
(h) commits rape on a woman knowing her to be pregnant; or
2* * * * *
(j) commits rape, on a woman incapable of giving consent; or
(k) being in a position of control or dominance over a woman, commits rape on such woman; or
IPC 375 – Rape
A man is said to commit “rape” if he—
(a) penetrates his penis, to any extent, into the vagina, mouth, urethra or anus of a woman or makes her to do so with him or any other person; or
(b) inserts, to any extent, any object or a part of the body, not being the penis, into the vagina, the urethra or anus of a woman or makes her to do so with him or any other person; or
(c) manipulates any part of the body of a woman so as to cause penetration into the vagina, urethra, anus or any part of body of such woman or makes her to do so with him or any other person;
or
(d) applies his mouth to the vagina, anus, urethra of a woman or makes her to do so with him or any other person,
under the circumstances falling under any of the following seven descriptions:—
First.—Against her will.
Secondly.—Without her consent.
Thirdly.—With her consent, when her consent has been obtained by putting her or any person in whom she is interested, in fear of death or of hurt.
Fourthly.—With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married.
Fifthly.—With her consent when, at the time of giving such consent, by reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substance, she is unable to understand the nature and consequences of that to which she gives consent.
Sixthly.—With or without her consent, when she is under eighteen years of age.
Seventhly.—When she is unable to communicate consent.
Explanation 1.—For the purposes of this section, “vagina” shall also include labia majora.
Explanation 2.—Consent means an unequivocal voluntary agreement when the woman by words, gestures or any form of verbal or non-verbal communication, communicates willingness to participate in the specific sexual act:
Provided that a woman who does not physically resist to the act of penetration shall not by the reason only of that fact, be regarded as consenting to the sexual activity.
Exception 1.—A medical procedure or intervention shall not constitute rape.
Exception 2.—Sexual intercourse or sexual acts by a man with his own wife, the wife not being under fifteen years of age, is not rape.
Punishment is here.
The National Commission for Women Act 1990
Here is the NCW Act 1990.
The National Commission for Women Act, 1990 with ORBunch of Notifications and Rules (not pertaining to Act but service conditions of members of this Commission!!!)
Notifications_Rules_0More mess is available here
The Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013
Here is the Gender biased law that only protects women at workplaces. Also it has the Bill as passed by both House of Parliament along with Objects and Reasons
The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013Related Rules are available here.
Gender biased Laws enacted in India under the Guise of Article 15(3) of Constitution of India
The following are the complete list of gender-biased Laws (and many provisions in both Substantial and Procedural Laws) enacted in India under the guise of Article 15(3) of Constitution of India and some being continued those that were enacted even before the effective date of Constitution and even more before the Independence of India.
The thing to note is that, there are no comparable laws made to protect men and boys
Substantial and Procedural Laws of India
From Indian Penal Code, 1860 (Amended from time to time)
- 304B – Dowry Death
- 354 – Assault or criminal force to woman with intent to outrage her modesty
- 354A – Sexual harassment and punishment for sexual harassment
- 354B – Assault or use of criminal force to woman with intent to disrobe
- 354C – Voyeurism
- 354D – Stalking
- 354E – Sextortion
- 375 – Rape
- 376 – Punishment for rape
- 376A – Punishment for causing death or resulting in persistent vegetative state of victim
- 376AB – Punishment for rape on woman under twelve years of age
- 376B – Sexual intercourse by husband upon his wife during separation
- 376C – Sexual intercourse by a person in authority
- 376D – Gang rape
- 376DA – Punishment for gang rape on woman under sixteen years of age
- 376DB – Punishment for gang rape on woman under twelve years of age
- 376E -Punishment for repeat offenders
- 493 – Cohabitation caused by a man deceitfully inducing a belief of lawful marriage
- 497 – Adultery (– Got Struck down by Supreme Court)
- 498 – Enticing or taking away or detaining with criminal intent a married woman
- 498A – Husband or relative of husband of a woman subjecting her to cruelty
- 509 – Word, gesture or act intended to insult the modesty of a woman
From Criminal Procedure Code, 1973 (Amended from time to time)
- 125 – Order for maintenance of wives, children and parents
- 198 – Prosecution for offences against marriage
- 198A – Prosecution of offences under section 498A of the Indian Penal Code
- 198B – Cognizance of offence
From Indian Evidence Act, 1872 (Amended from time to time)
- 112 – Birth during marriage, conclusive proof of legitimacy
Gender-biased Laws
Protection of Women from Domestic Violence Act, 2005
The Sexual Harassment of Women at Workplace (Prevention Prohibition and Redressal) Act 2013
National Commission for Women, 1990
- Act
- Rules
Hindu Adoptions and Maintenance Act, 1956
- Act
- Rules
- Section 20
Juvenile Justice Act, 2015
Some of the goals I set for myself here, include targeting some of the above discreetly.
