Death for rapists of below-16 girls in India
Ordinance says that anyone accused of rape of a girl below 16 will not be given bail; rape case probes will also be expedited and fast-track courts will be set up and trial will have to be completed within two months
NEW DELHI: The union government has moved to bring a law that mandates death for rapists of children under the age of 16.
A decision to issue an ordinance for this purpose was taken at a cabinet meeting chaired by Prime Minister Narendra Modi on Saturday.
Even as the decision emerged, reports came from Bhopal of the rape and murder of an eight-monthold infant.
The government expressed its anguish over several reported rape incidents in the country and pladged its “determination to devise a comprehensive response to deal with such situations.” As legislation would need the summoning of parliament, an ordinance was decided on to avoid any delay. The president will have to approve the ordinance.
While death penalty was mandated for rapists of children under 12, the ordinance will raise that age cap to 16. Rape case investigations will also be expedited and fast-track courts will be set up. Trial will have to be completed within two months. In case of appeal, the case has to be settled within a maximum of six months.
NEWDELHI: The Union government has moved to bring a law that mandates death for rapists of children under the age of 16. A decision to issue an ordinance for this purpose was taken at a cabinet meeting chaired by Prime Minister Narendra Modi on Saturday.
Even as the decision emerged, reports came from Bhopal of the rape and murder of an eight-month-old infant.
The government expressed its anguish over several reported rape incidents in the country and pledged its “determination to devise a comprehensive response to deal with such situations.”
As legislation would need the summoning of Parliament, an ordinance was decided on to avoid any delay.
The President will have to sign the ordinance.
While death penalty was mandated for rapists of children below 12, the ordinance will raise that age cap to 16.
Rape case investigations will also be expedited and fast-track courts will be set up. Trial will have to be completed within two months. In case of appeal, the case has to be settled within a maximum of six months.
Those who rape women will now be sentenced to 7 to 10 years rigourous imprisonment. It can also be extended to a life term, meaning the accused will never walk out of a prison.
Anyone accused of rape of a girl below 16 will not be given bail. In such cases, bail pleas can be decided only after serving 15 days’ notice to both sides.
In support of fast-track courts, additional posts of public prosecutors will be created, besides the provision of other infrastructure.
All police stations to be equipped with special forensic kits to handle rape cases.
Data of criminals The National Crime Records Bureau will maintain a national database and proile of sexual offenders.
The ordinance amends the Indian Penal Code, the Evidence Act, the Code of Criminal Procedure, and the Protection of Children from Sexual Offencesact.
The cabinet decision comes against the background of the rape and murder of a child in Kashmir’s Kathua, which shocked the nation, apart from the rape of a teen in Unnao, Uttar Pradesh, in which a BJP leader is prime accused.
On Thursday, a 4-month-old girl child was raped and murdered in Rajwat, Indore. Police have arrested a relative of the child.
Sources said the government has taken a serious note of the rape incidents in the country and has decided on a comprehensive response to deal with the situation, with the ordinance approved in view of urgency and seriousness of the issue.
The ordinance seeks to amend the Protection of Children from Sexual Offences (Pocso) Act by stringent provisions in case of rape of children and minors.
It provides that punishment for rape of a girl under 12 years will be minimum 20 years imprisonment or imprisonment for rest of life or with death.
Punishment for gang rape of a girl under 16 years of age will invariably be imprisonment for rest of life of the convict.
In case of gang rape of a girl below 12 years, punishment will be imprisonment for rest of life or death sentence.
The minimum punishment in case of rape of women has been increased from rigorous imprisonment of seven years to 10 years, extendable to life imprisonment.
In case of rape of a girl under 16 years, minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which shall mean imprisonment till that person’s natural life.
The ordinance also provides that court has to give notice of 15 days to Public Prosecutor and the representative of the victim before deciding bail applications in case of rape of a girl under 16 years of age.
The cabinet also approved a number of important measures in order to give effect to the legal provisions and to improve the capacity of criminal justice system to deal with rape cases.