RAPE OF MINOR AND DEATH PENALTY
President of India on Sunday signed an ordinance to pave way for providing stringent punishment, including death penalty, for those convicted of raping girls below the age of 12 years.
The Union Cabinet had approved the ordinance to allow courts to award death penalty to those convicted of raping girls under 12 years.
New fast-track courts will be set up to deal with such cases and special forensic kits for rape cases will be given to all police stations and hospitals in the long term, according to the Criminal Law (Amendment) Ordinance 2018.
It stipulates stringent punishment for perpetrators of rape, particularly of girls below 16 and 12 years. Death sentence has been provided for rapists of girls under 12 years.
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, the minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which means jail term till the convict’s “natural life”.
The punishment for gangrape of a girl below 16 years will invariably be imprisonment for the rest of life of the convict.
Stringent punishment for rape of a girl under 12 years has been provided with the minimum jail term being 20 years which may go up to life in prison or death sentence.
Here are the key features
Ordinance sets 2-month time limit on investigation, trial in rape cases.
The Indian Penal Code (IPC), the Evidence Act, the Code of Criminal Procedure (CrPC) and the Protection of Children from Sexual Offences (POCSO) Act will now stand amended.
The measure also provides for speedy investigation and trial. The time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within two months.
The deadline for the completion of trial in all rape cases will be two months, the officials said. A six-month time limit for the disposal of appeals in rape cases has also been prescribed.
There will also be no provision for anticipatory bail for a person accused of rape or gangrape of a girl under 16 years.
While this move has been long due, and Government has moved in swiftly, few doubts I still retain in my mind:-
1. can death penalty reduce number of such rape cases
( as an active deterrent)
2. will not legalizing prostitution have better effect in bringing down rape cases?( Holland -Amsterdam experience)
3. Can a society exist on retaliatory/revnge mode or better option is reformist mode - ( jurisprudence)
4.what prompts a person to rape? uncontrolled sexual instinct, sexual dissatisfaction due to disorders, porn addiction, drug addiction and alcoholism, instigation of such tendencies by pornography abundantly available through films, serials, internet ? Have these been addressed?
5. if so, where s the attempt to regulate the content in net, films and serials?
6. are we not attempting a symptomatic treatment ?
7. can the law be misused?( Justice Verma Committee on Nirbhaya case)
8. Police reforms?
9. why not castration also be included as punishment ( esp. in drug addict cases)
10.Awareness programmes for parents and girls
11.will this not result in insecurity for survivor 's life as there could be retaliation?!
Inspite of the above doubts , I support the ordinance and hope its enforcement will be equally swift and perfect. more
The Union Cabinet had approved the ordinance to allow courts to award death penalty to those convicted of raping girls under 12 years.
New fast-track courts will be set up to deal with such cases and special forensic kits for rape cases will be given to all police stations and hospitals in the long term, according to the Criminal Law (Amendment) Ordinance 2018.
It stipulates stringent punishment for perpetrators of rape, particularly of girls below 16 and 12 years. Death sentence has been provided for rapists of girls under 12 years.
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, the minimum punishment has been increased from 10 years to 20 years, extendable to imprisonment for rest of life, which means jail term till the convict’s “natural life”.
The punishment for gangrape of a girl below 16 years will invariably be imprisonment for the rest of life of the convict.
Stringent punishment for rape of a girl under 12 years has been provided with the minimum jail term being 20 years which may go up to life in prison or death sentence.
Here are the key features
Ordinance sets 2-month time limit on investigation, trial in rape cases.
The Indian Penal Code (IPC), the Evidence Act, the Code of Criminal Procedure (CrPC) and the Protection of Children from Sexual Offences (POCSO) Act will now stand amended.
The measure also provides for speedy investigation and trial. The time limit for investigation of all cases of rape has been prescribed, which has to be mandatorily completed within two months.
The deadline for the completion of trial in all rape cases will be two months, the officials said. A six-month time limit for the disposal of appeals in rape cases has also been prescribed.
There will also be no provision for anticipatory bail for a person accused of rape or gangrape of a girl under 16 years.
While this move has been long due, and Government has moved in swiftly, few doubts I still retain in my mind:-
1. can death penalty reduce number of such rape cases
( as an active deterrent)
2. will not legalizing prostitution have better effect in bringing down rape cases?( Holland -Amsterdam experience)
3. Can a society exist on retaliatory/revnge mode or better option is reformist mode - ( jurisprudence)
4.what prompts a person to rape? uncontrolled sexual instinct, sexual dissatisfaction due to disorders, porn addiction, drug addiction and alcoholism, instigation of such tendencies by pornography abundantly available through films, serials, internet ? Have these been addressed?
5. if so, where s the attempt to regulate the content in net, films and serials?
6. are we not attempting a symptomatic treatment ?
7. can the law be misused?( Justice Verma Committee on Nirbhaya case)
8. Police reforms?
9. why not castration also be included as punishment ( esp. in drug addict cases)
10.Awareness programmes for parents and girls
11.will this not result in insecurity for survivor 's life as there could be retaliation?!
Inspite of the above doubts , I support the ordinance and hope its enforcement will be equally swift and perfect. more
Viewed by 22
In West Bengal, Death Sentence of Rapists below 12 while provocating roots set for patronize Still like consent etc., AWOKEN THE WOMEN TO BE PRECAUTIOUS and, is the Shameful issue to the governments and Society that still allow indecent presentation, re-presentation , ODD ADDS , Sex inciting, instigating, Provoking Expressions and Exposures in the 24 hour T.V.Channels , Holiday Events etc., etc., AND, the legins and fitins that exhibit WOMEN PRIVACY . more
May 08
Very crisp and sharp doubts raised .I congratulate the writer for his very pragmatic and human issues.Congrats to GOI for the ordinance . I still feel that castration can be added for drug addicts , repeat offenders. more
Apr 24
1 will definitely reduce Rapes at maximum if it sticks to Death Sentence if Act is made aware to public. 2 Licencing Prostitution { that was in earlier Decades } will certainly bring down not only Rapes , but also the issues of Unlawful Sex whatever the name called. And, it also reduces Killing of Wife ; Murdering Wife Consent-holder ; Divorce . 3, 6, 7, 9, 10, 11 already know to all ; will not help ; will not cause in cases of Rape of below 12 since Society and Citizen individually are not Supporters or secondors of such Rapes. Gang Rapes of below 16 or any , also will not be supported and the issues of these 6 points do not arise . 4 and 5 are the really causing issues of Rapes or Unlawful Sex issues some of which are ending with Acid Attacks , Some with Suicides and Some with Divorce after Marriage . There had been many Posts and discussions in mother Circle on the Sex Provocative issues INCLUDING ODD ADDS since last 3 years and the root causes found even in T.V. DEBATES are affects of Teasing, Ragging, Lovers' Day, ODD ADDS, Sex inciting, instigating, Provocative Exposures besides Expressions drilling out the naturally hidden Hormones all of which permitted under 24 hrs. TV Channels amidst alluring pub and even culture. All these poisoning the budding Teens precipitating the generally weak minds . The points 3, 6, 7, 9, 10, 11 in the Rape issues of above 12 [ as observed generally above 15 years ] will persist if the facts of earlier Love, unlawful intercourse and Consent were suppressed in witness and Cross. ON THE WHOLE , FOR A MAXIMUM POSSIBLE REDUCTION IN RAPES , INEVITABLE DEATH SENTENCE TO THOSE RAPE aged BELOW 12 years WILL SERVE THE BEST OF ITS PURPOSE . [Death Sentence shall be considered as a mandatory punishment] The the amendments inserted in the Ordinance stand supportive for a reasonable reduction of Rapes . My suggestion in this issue is THE COMPENSATING THE VICTIM AND FAMILY OF THE VICTIM WHO WAS RAPED , by the Parents of the Person / Persons involved in Rape . THEN ONLY THERE WILL BE A REAL REALIZATION AND SELF RESTRICTION BOTH BY PARENTS as well as the Rapists . more
Apr 24
