Rashmi Singh, LLM, Chanakya National Law University, Patna
ABSTRACT
This paper gives a theoretical understanding of anti-rape laws and its evolution, from being a property crime to crime against the bodily integrity of a woman. This paper traces its origin form the English common law and goes on to analyze the landmark cases from Mathura rape case to the recent Kathua rape case which brought about the progressive amendments in anti- rape laws under the Indian Penal Code. It discusses in detail the reforms made by the criminal law amendment act of 1983, 2013 and 2018. It looks into the recommendations made by the Justice Verma Committee on the controversial aspects of gender neutrality, capital punishments etc. It analyzes a series of judgments highlighting the misogynistic approach taken by courts which act as impediment for women while seeking justice even after progressive reforms. It concludes with the suggestion for change from not just the legislative level but also from the social and cultural level.
Keywords: Anti-rape laws, Criminal law amendment act, Justice Verma committee.
