In a severe blow to women’s movements, who want the definition of ‘rape’ enlarged to include other forms of sexual assault, the Supreme Court today reinforced that penetration is “sufficient” to constitute the offence of rape as envisaged under Section 375 of the Indian Penal Code.While emphasising that it is only (vaginal) penetration that constitutes the offence of rape, the Bench headed by Justice Dr Arijit Pasayat firmly said: “The sine qua non of the offence of rape is penetration, and not ejaculation. Ejaculation without penetration constitutes an attempt to commit rape and not actual rape.”“It is unfortunate that even after 60 years of Independence, we still have the archaic mind-set for offences targeted against women. It shows a sign of limited understanding even from the Apex Court that it is not waking up to the call of women across the country,” Ranjana Kumari, president of Women Power Connect told The Indian Express.SC advocate Aparna Bhat added: “The consistent efforts for many years have been to broaden the meaning of Section 375 IPC, for which the focus should not be the act of penetration.” Echoing similar fears, a member of the NCW said: “All these years, women across the country have been trying hard to see that law makers broaden the definition of rape to include other forms of penetration too, like with an object or such, which are at present covered under Section 377 (unnatural sex) of the IPC. But with such a point of view, courts almost refuse to get sensitised for protecting the rights of women.”The judgment came on an appeal filed by rape accused Ramkripal Charmakar, who was sentenced to seven years imprisonment by the MP High Court. The Bench, also comprising Justice S H Kapadia, significantly pointed out that “what constitutes an outrage to female modesty is nowhere defined in IPC”. For which, it added, “the essence of a women’s modesty is her sex. The culpable intention of the accused is the crux of the matter.”
