UPSC CURRENT AFFAIRS – 20th June 2025
State-Level Anti‑Rape Legislations in India
Why in News?
Several Indian States have passed anti-rape Bills proposing stricter punishments, but many remain unenforced due to the requirement of Presidential assent and conflicts with central laws.
Introduction
- As the monsoon session of legislative assemblies across India begins, a number of anti-rape Bills—some recently passed and others long pending—are awaiting implementation.
- While several State Assemblies have introduced and even passed stricter laws in response to brutal incidents of sexual violence, these have frequently failed to secure the President’s assent or have been returned for legal and constitutional review.
- This reflects the challenges in legislating criminal laws in India’s federal framework, where both the Centre and the States share jurisdiction over criminal matters.
Background: The Nirbhaya Case as a Turning Point
- The brutal gang-rape and murder of a 22-year-old medical intern in Delhi in December 2012 ignited national outrage and triggered a re-evaluation of India’s criminal laws related to sexual violence.
- The Criminal Law (Amendment) Act, 2013 was passed in response, introducing several new offences and significantly enhancing punishments.
Key changes under the 2013 law included:
- Raising the minimum sentence for rape to 20 years, extendable to life imprisonment.
- Permitting the death penalty for repeat rape offenders.
- Recognizing stalking, voyeurism, and acid attacks as separate crimes with stricter punishments.
- Strengthening provisions under the Protection of Children from Sexual Offences (POCSO) Act.
This central legislation set a legislative benchmark and inspired States to propose additional reforms within their jurisdictions.
Criminal Law and the Federal Structure
Constitutional Position
- Criminal law falls under the Concurrent List (Entry 1, List III, Schedule VII) of the Indian Constitution. This means both Parliament and State legislatures are empowered to enact laws in this domain.
- However, Article 254(2) of the Constitution states that if a State law contradicts an existing Central law on the same subject, it can only come into effect after receiving the assent of the President of India.
- This has resulted in numerous State-passed anti-rape Bills awaiting Presidential approval for several years, due to overlaps or conflicts with national laws or constitutional concerns.
Key Legislative Developments: Timeline and Analysis
1. Central Legislation: 2013 and 2018
Criminal Law (Amendment) Act, 2013
Passed after the Nirbhaya case, this law overhauled provisions of the Indian Penal Code (IPC), the Code of Criminal Procedure (CrPC), and the Indian Evidence Act. It addressed:
- Rape, stalking, and acid attacks with enhanced penalties.
- Procedural safeguards for victims.
- A widened definition of sexual assault.
2. Criminal Law (Amendment) Act, 2018
This Act was passed in response to horrific cases such as the Kathua and Unnao rapes. Key provisions included:
- Minimum 20 years to life or death penalty for raping children under 12.
- Stricter punishment for raping girls below 16.
- Fast-track procedures for trial and investigation.
This 2018 Act largely nullified the need for earlier State-level amendments on child rape.
State-Level Legislative Actions
Madhya Pradesh, Rajasthan, Haryana, Arunachal Pradesh (2017–2018)
- These States introduced amendments to the IPC to allow for the death penalty for rape of girls below the age of 12.
- However, once the Central law in 2018 addressed similar issues, these amendments became largely redundant, although they still demonstrated the urgency with which States were responding to local crimes.
Andhra Pradesh (2019)
Following the gang-rape and murder of a young veterinary doctor in Hyderabad, the Andhra Pradesh government introduced:
- The Andhra Pradesh Special Courts for Specified Offences Against Women and Children Act.
- The Andhra Pradesh Disha Act.
Provisions included:
- 14-day limit for filing chargesheets.
- Death penalty for rape and murder.
- Establishment of special fast-track courts.
Despite the political push, especially by the then Chief Minister, the Bills are still awaiting Presidential assent.
Maharashtra (2021)
After the gang-rape of a 15-year-old girl by multiple perpetrators, the Maharashtra government passed the Shakti Criminal Laws (Maharashtra Amendment) Bill. It proposed:
- Death penalty for rape, gang-rape, and severe acid attacks.
- Strict timelines: 30 days each for investigation, trial, and appeal.
- Penalties for filing false complaints and intimidation.
The Bill was returned by the Centre due to concerns over judicial overreach and its conflict with Supreme Court guidelines.
West Bengal (2024)
Following the rape and murder of a female doctor, the West Bengal Assembly passed the Aparajita Woman and Child Bill, amending the Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and POCSO Act within the State. The Bill:
- Mandated life imprisonment without parole or death in aggravated rape cases.
- Introduced a 21-day investigation limit.
- Directed convicts to financially compensate victims for medical and rehabilitative expenses.
The Bill awaits the President’s assent.
Tamil Nadu (2025)
The State Assembly passed the Criminal Laws (Tamil Nadu Amendment) Bill with the following provisions:
- Minimum 14 years of rigorous imprisonment for rape.
- 20 years minimum if the perpetrator is a police officer.
- Death penalty for raping girls below 12 years of age.
This Bill, too, is pending central approval.
Central Legal Overhaul: Bharatiya Nyaya Sanhita (2023)
In 2023, Parliament repealed colonial-era criminal laws and introduced:
- Bharatiya Nyaya Sanhita (BNS), replacing IPC.
- Bharatiya Nagarik Suraksha Sanhita (BNSS), replacing CrPC.
- Bharatiya Sakshya Act (BSA), replacing the Indian Evidence Act.
Changes introduced in BNS include:
- Age-specific classification of rape victims and corresponding punishments.
- Punishment for sexual intercourse through false promise or deceit.
- Recognition of sexual exploitation without requiring physical force.
However, the law has been criticized for:
- Exclusion of marital rape from the definition of rape.
- Failing to include male and transgender victims, though future amendments have been indicated.
These laws came into force on July 1, 2024.
Key Issues and Challenges
Federal Difficulties in Lawmaking
- State amendments to criminal law require Presidential assent when they overlap with Central laws.
- The delay or denial of assent highlights friction in Centre-State legislative coordination and undermines the urgency behind State legislative efforts.
Legal Validity and Judicial Concerns
- Some State Bills, such as Maharashtra’s Shakti Bill, have been flagged for overstepping Supreme Court rulings and due process norms.
- Laws prescribing death penalty or extremely short trial deadlines have been questioned for potentially compromising the rights of the accused.
Gender Exclusivity of Laws
- Most laws are centered around female victims.
- There is a growing demand to extend protections to male and transgender victims of sexual violence, an area not yet adequately addressed in national laws.
Implementation Deficits
- Despite strong laws, fast-track courts remain under-resourced.
- Forensic and police capacities are inadequate in many regions, undermining the objectives of timely justice.
The Way Forward
Area | Recommendation |
Legal Harmonization | Ensure State Bills align with Central laws and Supreme Court jurisprudence before passage. |
Gender-Inclusive Reform | Expand the legal definition of sexual violence to cover all genders. |
Strengthening Justice Delivery | Invest in forensic labs, police training, and court infrastructure to ensure efficient implementation. |
Victim-Centric Support | Ensure rehabilitation, medical support, and psychological counseling are integrated with justice delivery. |
Community and Technological Measures | Promote use of women safety apps, public awareness programs, and gender-sensitization initiatives. |
Conclusion
- The legislative response to sexual violence in India has evolved significantly over the last decade.
- While both the Centre and States have made important interventions, gaps remain in coordination, legal soundness, and implementation.
- Laws alone are not enough; ensuring justice requires systemic reforms, gender sensitization, and institutional strengthening.
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Economic Implications
For Indian Exporters
- These reforms reduce transaction costs and compliance hurdles
- Encourage a more competitive and efficient export environment
- Promote value addition in key sectors like leather
For Tamil Nadu
- The reforms particularly benefit the state’s leather industry, a major contributor to employment and exports
- Boost the marketability of GI-tagged E.I. leather, enhancing rural and traditional industries
For Trade Policy
- These decisions indicate a shift from regulatory controls to policy facilitation
Reinforce the goals of Make in India, Atmanirbhar Bharat, and India’s ambition to become a leading export power
Recently, BVR Subrahmanyam, CEO of NITI Aayog, claimed that India has overtaken Japan to become the fourth-largest economy in the world, citing data from the International Monetary Fund (IMF).
India’s rank as the world’s largest economy varies by measure—nominal GDP or purchasing power parity (PPP)—each with key implications for economic analysis.
