J.S. VERMA COMMITTEE (Syllabus: GS Paper 2 – Polity)

Context: After the brutal rape and murder of a doctor at Kolkata’s R.G. Kar Medical College on August 9, there has been a strong demand for the death penalty for the accused, despite the 2013 Justice J.S. Verma Committee's recommendation against capital punishment for rape, considering it a regressive step for sentencing and reformation.

J.S. Verma Committee

• About: It was constituted to recommend amendments to the Criminal Law so as to provide for quicker trial and enhanced punishment for criminals accused of committing sexual assault against women.  
• Report Submitted: on January 23, 2013.
• Committee Recommendation:

o Enhanced Sentences for Rape: The committee recommended increasing the minimum sentence for rape from 7 years to 10 years, 20 years, and life imprisonment, but did not advocate for the death penalty.

o Punishment: The committee proposed rigorous imprisonment of at least 20 years to life for those causing a person to be in a persistent vegetative state, with life imprisonment meaning the rest of the individual's natural life.

o Stance on Death Penalty: The committee observed that the deterrent effect of the death penalty on serious crimes is a myth, noting that the murder rate in India has declined over 20 years despite fewer executions.

o Marital Rape Exception: The Verma Committee recommended the removal of the marital rape exception, asserting that a relationship between the perpetrator and victim is not a valid defense against rape.

o Government's Position on Marital Rape: Despite the committee's recommendation, the Union government did not criminalize marital rape and maintained the exception in Section 63 of the BNS.

o Gender Rights: The committee emphasized that true empowerment of women includes social, educational, and economic equality, not just political equality. It called for systemic changes in education and societal behavior to address gender biases.

Role of Union Cabinet

• Decision on Death Penalty: The Union Cabinet decided not to adopt the recommendation against the death penalty when clearing an ordinance on sexual assault in 2013.
• Introduction of Death Penalty for Certain Rape Cases: Key amendments introduced the death penalty for rape leading to the victim's death or persistent vegetative state (Section 376A of the IPC) and for repeat offenders (Section 376E).
• Amendments: In 2018, further amendments included the death penalty as the maximum punishment for participants in gang rape where the victim is under 12 years old (Section 376DB), and life imprisonment for raping a victim under 16 (Section 376DA).