At present only 2 provisions of the Indian Penal Code primarily deal with the issue of sexual violence against women. Sec. 376 IPC punishes rape and Sec. 354 IPC punishes outraging the ‘modesty’ of a woman. Sec. 354 IPC applies to routine incidents of molestation and certainly does not respond to aggravated sexual assault by a mob, accompanied by public stripping and parading. There is no penal provision to redress the harm, injury, humiliation and trauma suffered by the young girl in Guwahati when she was assaulted by a group of men, or indeed countless attacks similar to this reported from different parts of India. Yet it is this penal provision which the police and court will have to base their charge upon. Sec. 354 IPC offers no commensurate penalty – nor is a deterrent. It is a bailable offence and allows the Court to award a maximum of 2 year imprisonment or at its discretion, a mere fine as a minimum sentence.
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