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On Governance Feminism

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The article “A Bittersweet Moment: Indian Governance Feminism and the 2013 Rape Law Reform” by Prabha Kotiswaran (EPW, 24 June 2017) appears to confuse fact and law. The author says that one of the crucial issues missing from the Criminal Law (Amendment) Act (CLA) of 2013 was “rape by the armed forces.” This is incorrect.

Section 376(2)(c) of the Indian Penal Code (IPC) specifically provides that if “a member of the armed forces deployed in an area by the Central or State Government commits rape in such area,” they shall be punishable with a minimum sentence of 10 years. Further, Explanation (a) to Section 376(2) defines armed forces to include naval, military, air force, paramilitary and any auxiliary force.

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Updated On : 22nd Sep, 2017

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