Death for child rapists: HC raps Modi govt for thoughtless passage; updates

The Delhi High Court on Monday questioned why the ordinance on amending the Protection of Children from Sexual Offences (Pocso) Act, to provide for death penalty for raping a child up to 12 years old, was cleared without conducting any research on the issue. The observation by a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar came while dealing with a plea seeking to strike down the amendments made in the rape law post the December 16, 2012 Delhi gangrape incident here as they are "being abused". Asking if any study or research was conducted while clearing the ordinance on Pocso, the court observed that it seemed to come after people started demanding strict punishment against rapists of minors. It said the ordinance is also silent on granting welfare to rape victims and does not deal with issues related to educating and sensitising youth and juveniles on sexual offences against women, especially minors. On Sunday President Ram Nath Kovind approved an ordinance to provide death penalty for those convicted of raping girls younger than 12 years besides clearing another ordinance to confiscate property of fugitive economic offenders. The President promulgated The Criminal Law (Amendment) Ordinance, 2018, approved by the Cabinet on Saturday, that seeks to provide effective deterrence against rape and instil a sense of security among women, particularly young girls.

The ordinance amends the Indian Penal Code, the Indian Evidence Act, the Code of Criminal Procedure and the Protection of Children from Sexual Offences Act.

The ordinance comes against the backdrop of the rape and murder of an eight-year-old girl in Kathua in Jammu and Kashmir, the rape of a teenager in Unnao in Uttar Pradesh and similar crimes in other parts of the country.

Top 10 developments on Kathua rape case, death penalty for rapists, Delhi high court: 

1) Activists, parents of minor rape victims say against death penalty: Not just child right activists, even parents of minor victims on Monday came out against the Union government's ordinance providing the death penalty to child rapists, saying it could lead to victims being killed by perpetrators. At a programme in New Delhi, three parents, whose children were raped, urged the central government to instead strengthen the judicial mechanism to support the children, who have to deal with the crimes and struggle in their aftermath. "My child was 3.5 years old when she was raped in her playschool days after the 2012 Nirbhaya gangrape case. She was still breast-feeding," said a father, whose testimonial moved those present at the programme to tears. "We sat in the police station with her from 9am to 9:30pm to register an FIR and she was asked where she was touched and how much pain she experienced. She was made to repeat her statement again and again for months. I want to ask everyone if I was wrong to ask for justice for my daughter." 

2) 76% people want death penalty for child rapists, says Survey: According to the survey by LocalCircles, 18 per cent voted for life imprisonment without parole for convicted rapists while three per cent wanted a seven-year term (which is the current law). To catch the citizens' pulse on the Pocso Act, LocalCircles conducted six nation-wide polls which received more than 40,000 votes. In the second poll, 89 per cent agreed that they wanted their states to pass a law awarding death penalty within six months. Madhya Pradesh, Rajasthan, Haryana and Arunachal Pradesh have also passed a law that prescribes death for child rape. In another poll about engaging more women officers to register cases of sexual assault, it was found that 78 per cent citizens were in support of every district level police station to have at least one woman officer.

3) Opposition demands Odisha CM's statement over recent cases of minors' rape: The opposition Congress and the BJP on Monday created a ruckus in the Odisha Assembly over what they called the "increasing number of rape cases" in the state. They also demanded a statement by Chief Minister Naveen Patnaik on the issue. The government assured of strong action against the culprits and said that the Assembly will discuss the matter on April 26. "Rape cases are increasing across the state. It seems the culprits are not afraid of the law. There is no law in the land. The Chief Minister should make a statement...," Leader of the Opposition Narasingha Mishra told the media later.

BJP MLA Rabi Naik said while minors are being raped, the BJD government has failed to book the culprits and ensure justice to the victims.

4) Kamal Haasan asks, are not 14-16 year old girls children too?: Actor-politician Kamal Haasan wondered why the ordinance promulgated today provided for death penalty for rape of girls under 12 years alone and not for those aged between 14 and 16 and said families should bring up boys to act responsibly.

"Why is the death penalty only for rape of girls aged under 12... what about 14, 15, and 16-year-olds, are they not children too.?It will take time for them too (14-16 year-olds) to blossom as women. I do not know how to view it," he said.

The Makkal Needhi Maiam chief was addressing his party workers and supporters through YouTube.

Answering a question on crimes against women and children and the rules he would bring in if his party was voted to power, Haasan said "rules can be formulated... even now death penalty has been prescribed." 

Haasan had made known his views against the death penalty before he entered politics.

5) For this Modi minister, 1-2 rapes 'not a big deal', public outrage 'unfair': Union Minister Santosh Gangwar on Sunday said "brouhaha" should not be created over one or two rape cases in a big country like India. The remarks come at a time when the country is witnessing public outrage over brutal rape and murder of a minor girl in Kathua and that of a 17-year-old girl in UP's Unnao allegedly by a BJP MLA. "Such incidents (rape cases) are unfortunate situation...But sometimes you can't stop them. Government is active everywhere and taking action which is visible to everyone, " he told reporters. "In a big country like ours, if one or two incidents take place, brouhaha should not be created over it. This is not fair... Government is taking effective steps...Whatever is necessary will be done," he said.

6) Every rapist should be hanged, says Nirbhaya's mother: Asha Devi, mother of 2012 Delhi gangrape victim on Sunday hailed the Centre for amending Protection of Children from Sexual Offences Act (POCSO) and urged it to consider death penalty for every rapist. "Yes for minors under 12(rape victims) it is a good step, but what about ones who are older? There is no more heinous crime than rape, there is no larger pain," she said. "Every rapist should be hanged," she added.

7) Naseeruddin Shah says, dreadful that instead of perpetrators, girls have to feel ashamed: Veteran actor Naseeruddin Shah today said it's is a "strange an dreadful" situation the society is going through where instead of the perpetrators, the girls are made to feel embarrassed. The actor was asked his opinion about the Kathua and Unnao rape cases which have generated nation-wide outrage. The actor said "such horrors have always been happening" but they are being reported more now "which is a good thing." 

"There was a wonderful thing I read in paper yesterday where a young rape survivor said 'why should we hide our faces and names, it's the people who commit these crimes should be hiding their faces.'

8). Death penalty to child rapists: President Ram Nath Kovind on Sunday promulgated an ordinance to pave way for providing stringent punishment, including death penalty, for those convicted of raping minors below the age of 12 years. The Union Cabinet on Saturday approved the ordinance to allow courts to award death penalty to those convicted of raping minors under 12 years.

9). Fast-track court will be set up: 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, officials said quoting the ordinance, according to news agency PTI. 

10) Ordinance provides for speedy investigation: 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 gang rape of a girl under 16 years.