The tendency to make existing laws more stringent is an administrative reflex action often occasioned by political problems set off by particular crimes. The amendments enacted by the Tamil Nadu Assembly to criminal laws on sexual crimes against women fall under this category. In response to the Opposition moves to corner the DMK regime after a rape within the premises of Anna University in Chennai, the government has moved to enhance punishments under the penal and procedural laws. That the perpetrator is a DMK sympathiser and that some details of the student survivor were leaked added political sharpness to the general criticism over such an offence happening inside the campus. At pains to deny any leniency and overcome the setback to its image after the Madras High Court formed a special investigation team, the DMK government has chosen to amend the law based on the theory that more stringent laws deter sexual assault and harassment. This belief is not founded on any statistical or empirical evidence, but is often invoked by those in government. This invariably means the use of legislative power to send out a political message that the administration is committed to women’s safety. After all, necessary amendments need not have to wait for a brazen crime or a public outcry.
This is not to say the amendments are unreasonable: they enhance punishments for a range of sexual offences and extend bail-denying features to such offences as well as those under the POCSO Act. Also welcome is the new provision for passing binding protection orders that will ensure perpetrators do not contact survivors by any means. The death penalty has been introduced for acid attack that results in the victim being reduced to a vegetative state. On the other hand, the newly introduced definition of harassment of women to cover the use of digital and electronic means and even non-verbal means may be too broadly worded and prone to misuse. Few would disagree with the enhancement of jail terms for rape, sexual assault, sexual harassment, stalking and voyeurism, but a question does arise whether the mere increase in the quantum of punishment increases the possibility of conviction or reduces the incidence of these crimes. The onus of arresting offenders, gathering credible evidence and proving it in court remains the same. Impartial investigation and resisting pressure for a cover-up while effectively implementing existing laws are more crucial for demonstrating commitment to women’s safety. Making workplaces, public space and homes safer for women will work better than merely adding to the severity of laws.
Published – January 13, 2025 12:10 am IST
