Dec 16 case shocked nation, led to setting up of Verma panel

The sensational December 16, 2012 gangrape, which shook the conscience of nation, had led to the setting up of a commission led by former Chief Justice of India J S Verma to consider changes in law to deal more strenly with offenders in sexual offence cases, the Supreme Court today said.
The top court said the suggestions of the Committee led to the enactment of the Criminal Law (Amendment) Act, 2013 which brought in substantive as well as procedural reforms in the core areas of laws on sexual assaults.
It said Justice Verma panel brought changes including in the definition of the offence of rape in Section 375 of the IPC, adoption of a more pragmatic approach while dealing with the issue of consent in the offence of rape and introduction of harsher penalty commensurating with the gravity of offence.

"The incident shocked the nation and generated public rage. A Committee headed by Justice J S Verma, former Chief Justice of India was constituted to suggest amendments to deal with sexual offences more sternly and effectively in future.
"The suggestions of the Committee led to the enactment of Criminal Law (Amendment) Act, 2013 which, inter alia, 322 brought in substantive as well as procedural reforms in the core areas of rape law," the court said.
The 630-page Justice Verma committee report issued on January 23, 2013 had suggested the amendment of criminal laws to provide for higher punishment to rapists, including those belonging to police and public servants.

The recommendations of the committee were incorporated in the Criminal Law (Amendment) Act 2013, which came into force from April 3, 2013 bringing several changes in sexual offence laws including a new section of 376A to Indian Penal Code, the judge said.

As per section 376A, if a person committing sexual assault, inflicts an injury which causes death of the person or causes the person to be in a persistent vegetative state, shall be punished with rigorous imprisonment for a term which shall not be less than 20 years, but may extend to life imprisonment, which shall mean the remainder of that person's natural life, or with death.

The age of consent in India was also made 18 years, which means that any sexual activity irrespective of the presence of consent with a woman below the age of 18 will constitute statutory rape.
The Act also incorporated new offences like acid attack, sexual harassment, voyeurism and stalking into the IPC.
Earlier, the punishment for gangrape was minimum 10 years in jail and maximum was life term.