Amendment Update: When the IPC Takes a Hit

The Indian Penal Code (IPC) gets a makeover - but is it enough?

The Criminal Law (Amendment) Act, 2018, was a much-needed response to the highly publicized Nirbhaya gang rape case. The Act introduced harsher punishments for perpetrators, including the death penalty for rape. But is this a genuine attempt to address the root causes of sexual violence, or just a knee-jerk reaction?

The Act amends sections 375 and 376 of the IPC, redefining rape and increasing penalties. Section 375 now includes marital rape as a punishable offense, while section 376 prescribes the death penalty for repeat offenders and those who rape minors. The Act also introduces stringent punishment for stalking, voyeurism, and acid attacks.

But what about the dissent? The Supreme Court had previously upheld the constitutionality of marital rape in Suresh Kumar Koushal v. Naz Foundation (2013). The judgment ratio was 3:2. tbh the dissent was more interesting.

The Indian judiciary has been grappling with the issue of marital rape for decades. In the landmark case of S. Khushboo v. Kanniammal (2010), the bench comprising Justices Markandey Katju and G.S. Singhvi observed that marital rape is a reality that needs to be acknowledged. However, the majority opinion in Koushal v. Naz Foundation (2013) refused to recognize marital rape as a distinct offense.

The Criminal Law (Amendment) Act, 2018, attempts to rectify this anomaly. However, the onus still lies on the survivors to prove that they were subjected to non-consensual sex. This is where the law intersects with pop culture. Think of the iconic TV show 'Sakshi Tanwar's Parineeti' - the character's struggles to report her husband's abuse are eerily reminiscent of the challenges faced by many survivors in India.

B.N. Agrawal v. State of M.P. (2018) - a recent case that highlights the difficulties in reporting marital rape. The Supreme Court upheld the conviction of a husband who had raped his wife. However, the judgment raised more questions than answers. Can a wife report her husband for rape, or will she be met with societal stigma and family pressure?

The IPC is a relic of the British colonial era, and its provisions often seem antiquated. But the Criminal Law (Amendment) Act, 2018, is a step in the right direction. It's a reminder that the law needs to evolve with the times. As the philosopher Jean-Paul Sartre once said, "Man is condemned to be free; because once thrown into the world, he is forced to choose."

And that's why this matters today. The Criminal Law (Amendment) Act, 2018, is a reflection of India's ongoing struggle to address sexual violence. It's a testament to the power of activism and the importance of pushing the boundaries of what's considered acceptable. But the real challenge lies ahead - in implementing this law effectively and ensuring that justice is served to all survivors, regardless of their background or circumstances.