Death to child rapists: Mufti govt okays two ordinances after Kathua horror

J&K Cabinet, which met under Mehbooba Mufti, approved two ordinances to provide stringent punishment, including death penalty for those convicted of rape of minor girls

The Mehbooba Mufti government in Jammu and Kashmir on Tuesday approved an ordinance providing death penalty to those guilty of raping children, a development that comes in the wake of massive outrage over rape and murder of an eight-year-old girl in Kathua.

Significantly, the government also shifted the 'burden of proof' on the accused, while bringing provisions to ensure time-bound fast track investigation and trial in such cases, a minister said, according to news agency PTI.

“In cases of rape, where the victim is a child up to the age of 12, we have provided for death penalty to those found guilty,” Jammu and Kashmir Law Minister Abdul Hak Khan said, added PTI.

"Those guilty of raping a victim, aged between 13 and 16, will get death penalty. The amendment seeks that the investigations in rape and sexual assault cases would be carried out by women police officers and these would be completed with two months. Thereafter, the trial court will complete the trial within six months," said an informed source, according to news agency IANS. 

The state Cabinet, which met under Chief Minister Mehbooba Mufti, approved two ordinances to provide stringent punishment, including death penalty for those convicted of rape of minor girls, Khan said.

"One ordinance is the criminal law ordinance 2018, in which enhancement of punishment in rape victim cases is provided and the second is Jammu and Kashmir protection of children from sexual violence ordinance," Khan said.

We are amending the Ranbir Penal Code (RPC) criminal procedure and evidence act, Khan, who flanked by State Finance Minister Syed Altaf Bukhari, said.

The second ordinance is aimed at checking offences against children up to the age of 16 and that is a special act we have brought in the shape of an ordinance today, he said.

The government had specified in the ordinance that life means "entire life" in terms of punishment, the minister said. Earlier, the interpretation of life sentence was different, from 10 years to 16 years, now we have kept it in the law so that nobody can interpret it otherwise, he added.

The government has changed the pattern of investigation and trial of rape cases in J&K would be fast-tracked, he said. "Only women police officers will investigate such cases and two months has been set as the time frame for completion of the investigation," Khan said.

“We have fixed a six months period for trial,” he added. “An appeal time of six months has been provided in such cases and it is to be decided within six months.”

Khan said in cases of fine imposed by the court, the new ordinance would direct that amount for the rehabilitation of the victims, unlike earlier when it used to go to the state exchequer.

The trial will be in camera and bail provisions made tougher, he said.

He said child-friendly provisions had been brought through the second ordinance so that the victims are not harassed.

It is must for the courts to record the victim's statement within 30 days, he said. "We have put in the ordinance that the burden of proof is on the accused. Accused has to prove that I have not committed crime," he added.

This step has been taken in view of the Kathua rape and murder case by the Mehbooba Mufti government in J&K, he said.

The body of a girl, from the Bakerwal community, was recovered from a forest on January 17, a week after she went missing while grazing horses in the forest area.

The crime branch arrested eight people, including a juvenile and submitted charge-sheet in the court in Kathua on April 9. The trial has begun in the case on Monday last.

The Jammu & Kashmir government has come up with its amendment to the criminal law to bring it at par with the similar amendment made recently by the central government.

President Ram Nath Kovind on Sunday promulgated the ordinance to strengthen the Protection of Children from Sexual Offences (POCSO) Act in the wake of an increase in incidents of rape of minors. The ordinance will pave way for providing stringent punishment, including death penalty, for those convicted of raping minors below the age of 12 years. 

As per government sources, the Union Cabinet, chaired by Prime Minister Narendra Modi, approved the promulgation of the Criminal Law (Amendment) Ordinance, 2018, for effective deterrence against commission of rape, thereby instilling a sense of security among women and especially young girls in the country.

The ordinance seeks death penalty for the rapists of girls below 12 years of age and stringent punishment for perpetrators of rape particularly of girls below 16 years.

The minimum punishment in rape cases of women has been increased from rigorous imprisonment of seven to 10 years, extendable to life imprisonment. In case of rape of a girl under 16 years, minimum punishment has been increased from 10 to 20 years, extendable to life imprisonment.

In terms of gang rape, the cabinet stated that the punishment for the gang rape of a girl less than 16 years of age will invariably be imprisonment for the rest of the life of the convict.

With regards to rape or gang rape of a girl below the age of 12, the cabinet said the accused would be sentenced to 20 years of imprisonment, imprisonment for life or death.

The cabinet also decided to put in place a number of measures for speedy investigation and trial of rape cases. It has also provided for a six month time limit for disposal of appeals in rape cases.

Among other provisions of the Ordinance, the cabinet prescribed that there will be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 16 years. It has also been provided that the court would have to give a 15-day notice to the Public Prosecutor and representative of the victim before deciding bail applications in the aforementioned category.

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.