The Women’s Sexual, Reproductive & Menstrual Rights Bill, 2018
The bill was introduced by Dr. Shashi Tharoor in Lok Sabha on 28th December 2018. The bill attempts to amend the section 375 of the Indian Penal Code, 1860 & The Medical Termination of Pregnancy Act, 1971 while adding certain provisions to provide free menstrual assistance to girls at school and any other government assisted public place. The bill in its entirety attempts to put the autonomy over women’s bodies back into women’s hands by providing them with active choices and attempts to shift from the ‘No means No’ attitude to ‘Yes means Yes’ attitude, as noted by Dr. Tharoor in the Statement of Objects and Reasons.
Amendments of the Indian Penal Code
Focusing on the section 375, the bill begins with the amendment in subsection (d) where for ‘Fourthly — With her consent, when the man knows that he is not her husband and that her consent is given because she believes that he is another man to whom she is or believes herself to be lawfully married,’ the word ‘husband’ is substituted with ‘the person she believes she has given consent to engage in sexual intercourse or sexual acts’ and for ‘to whom she is or believes herself to be lawfully married’ the substitution of ‘with whom she wants to engage in sexual intercourse or sexual acts’ is proposed. In one of the first attempts made by the bill to modernize the IPC.
The bill also proposes inserting the proviso of “Provided that the women’s ethnicity, religion, caste, education, profession, clothing preference, entertainment preference, social circle, personal opinion, past sexual conduct or any other related grounds shall not be a reason to presume her consent to the sexual activity,” after Explanation 2. The insertion seems to be an attempt to remove the unrelated facts about a woman’s life which are construed to presume her sexual consent.
Ending the proposition of omission of Exception 2, the bill recognizes the importance of legalizing marital rape and restores the respect and dignity to women.
Amendments to Medical Termination of Pregnancy Act, 1971
The amendments proposed to resemble the draft Medical Termination of Pregnancy (Amendment) Bill, 2014 put forth by the government which also proposes to raise the ceiling from 20 weeks to 24 weeks with the conditions prescribed and widening the access by introducing ‘registered health care provider’. Both the bills also attempt to protect the privacy of women by amending section 5 but Dr. Tharoor’s bill provides punishment to violators, the government’s bill fails to do so.
Menstrual Equity for all Women
The bill adds the provision of availability of sanitary pads preferably in the toilet for girls, at school, and for women at the premises of public authority at free of cost while providing the expenditure of about 100 crores per annum from Consolidated Fund of India.
This objective is achieved by amending the Right of Children to Free & Compulsory Education Act, 2009 and recognizing every public authority defined under Right to Information Act, 2005.
It is essential to carry out the modifications to hand back the women their sexual, reproductive and menstrual rights along with the respect and dignity they deserve.
-Samridhi N. Nain