Date: November 17, 2009
Subject: ANNEXURE A – SUGGESTED DEFINITIONS OF CRIMES (Communal Violence Bill, 2009)
|1||Sexual violence||The perpetrator committed an act of a sexual nature against one or more women or caused such woman or women to engage in an act of a sexual nature of force, or by threat of force or coercion, such as that caused by fear of violence, duress, detention, psychological oppression or abuse of power, against such person or another person, or by taking advantage of a coercive environment, or the invasion was committed against a woman incapable of giving genuine consent. It includes acts that inflict physical, mental or sexual harm or suffering, threats of such acts, coercion and other deprivations of liberty. Crimes of sexual violence include (but are not limited to) rape, forced nudity, exposure of male sexual organs in front of women, parading women naked in public, enforced sterilization, forced pregnancy, mutilation of reproductive organs, sexual slavery, enforced prostitution and gender-based persecution.|
Note: It is understood that a person may be incapable of giving genuine consent if affected by natural, induced or age-related incapacity.
|3||Gender-based persecution||“Persecution” on the basis of gender means the intentional and severe deprivation of fundamental rights contrary to international law on the basis of gender.|
||The following five acts, if committed with the intention to destroy all or part of a national, ethnical (linguistic & cultural), racial or religious group, may constitute genocide:
Note: Encouragement to, assistance in and attempts to commit genocide are also acts of genocide
|5||Crimes Against Humanity||Crimes against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack: murder, extermination, enslavement, imprisonment or other severe deprivation of physical liberty, torture, sexual violence, gender-based violence, enforced disappearance of persons and other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or mental or physical health.|