Child rape ordinance: Centre overlooked ‘root cause’, says HC

NEWDELHI: The Delhi high court on Monday questioned the Centre’s rationale in bringing an ordinance to pave the way for stringent punishment, including the death penalty, for those convicted of raping girls below the age of 12 years, asking if any scientific research was done before changing the law.

A bench of Acting Chief Justice Gita Mital and Justice C Hari Shankar suggested the manner in which the amendments were brought was not ideal and asked if the “huge consequences” of the changes to the POCSO Act were considered. “Is there any scientific study that you have conducted? Has anybody thought of the consequences to the victim? Has anybody asked the victims what they want? Have any of the victims been heard? If the punishment for both murder and rape is same, it will have a huge consequence. How many offenders will leave their victims to survive now that the punishment for murder and rape is the same?” the bench asked.

On Sunday, President Ram Nath Kovind had given his nod to bringing changes in the POCSO Act after widespread outrage following the rape and murder of an eight-year-old in Jammu’s Kathua and the rape of a teenager in Uttar Pradesh’s Unnao.

The court’s remarks came while hearing a PIL that challenged the Criminal Law (Amendment) Act of 2013, in which a penal provision — minimum of seven years of jail term — for a rape convict was included and the court’s discretion to award less than that was taken away.