Cabinet approves death penalty for rapists of children
Economic fugitives’ assets to be seized
NEWDELHI: The Union cabinet, at a meeting chaired by Prime Minister Narendra Modi, on Saturday approved the promulgation of a pair of vastly different but crucial ordinances. One will allow the courts to punish with the death sentence people convicted of raping children below 12 years, and the other will empower law enforcement agencies to seize the assets of economic offenders who have fled India to escape trial.
The ordinances will take effect after President Ram Nath Kovind approves them, which he is widely expected to. “The whole process will take a day or two,” said a government spokesperson.
The Criminal Law (Amendment) ordinance, 2018, comes in the backdrop of nationwide outrage over the brutal rape and murder of an eight-year-old girl in Kathua district of Jammu and Kashmir and the alleged rape of a minor in Unnao in Uttar Pradesh by a BJP legislator. A slew of child rape and murder cases have been reported from across the country in recent days.
Currently, the maximum punishment for aggravated sexual assault on minors under the Protection of Children from Sexual Offences Act (POSCO Act), 2012 is life imprisonment. The law came into force in 2012 and deals with sexual offences against those below 18 years. The Indian Penal Code (IPC) prescribes death penalty for gang rape.
To enforce the change, amendments will be made in the criminal law and POSCO Act. “An insertion will be made in section 376 of IPC providing for death penalty for rape of a girl below 12 years and in case of gang rape of a girl below 16 years, death penalty for all the rapists,” said a senior government official who did not want to be named.
Saturday’s cabinet decision will also put in place a slew of other measures including amendments in the Criminal Procedure Code (CrPC) for ensuring speedy investigation and trial of rape cases, and the creation of a database of sex offenders, a senior Union women and child development ministry official said on condition of anonymity.
“It gives me immense satisfaction as a lawyer today. A depraved crime perpetuated against an innocent child can only invite death penalty,” said Alakh Alok Srivasta, who filed a public interest litigation in January demanding the death penalty for child rapists.