Fixing what isn’t broken: The problem with reactionary amendments after crimes of sexual violence

In response to two separate high-profile instances of sexual assault, Tamil Nadu and West Bengal have passed new, stringent laws to enhance punishment for sexual crimes against women and children.

These laws are championed as a “one-stop solution” for all forms of sexual violence against women in the country. The legislations introduce state-level amendments to provisions of the Bharatiya Nyaya Sanhita 2023, the Bharatiya Nagarik Suraksha Sanhita 2023, and the Protection of Children from Sexual Offences Act, 2012.

Lawmakers claim that the amendments will reduce crimes against women and create a safer environment. However, these amendments are an attempt to modify a framework that is not inherently defective. Enhancing punishment has become the go-to option for governments to distract the outraged public from structural flaws in the criminal justice system and the administration’s own failures.

The focus must instead shift to the effective implementation of existing legal provisions – and this needs institutional and systemic changes. It is also crucial to recognise the concerns that arise from a deeply entrenched culture of violence and patriarchy against women, which cannot be dismantled overnight.

Evasive move

In January, the Tamil Nadu assembly passed the Criminal Laws (Tamil Nadu Amendment) Bill, 2025, and the Tamil Nadu Prohibition of Harassment of Women (Amendment) Bill,…

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