Death penalty for child rape convits; LS takes up bill

The Lok Sabha on Monday cleared a bill to provide for stringent punishment including death penalty to those convicted of raping girls below the age of 12 years with provisions for time-bound investigations into such cases and completion of the trials by special fast track courts.

The Criminal Law (Amendment) Bill 2018, passed by the members with voice votes after a debate in the Lok Sabha, also seeks to increase the minimum punishment for rapes from the existing seven years to ten years, which is extendable to life imprisonment, stipulating for.

For the cases of rape of a girl below 16 years, the bill provides for 20 years of rigorous imprisonment or the rest of the life. The convicts of the such cases are currrently liable for 10 years of rigorous imprisonment.

The Ministry of Home Affairs will now introduce the bill in the Rajya Sabha for its consideration and passage as it seeks to replace the Criminal Law (Amendment) Ordinance promulgated on April 21 in view of the public outcry over the rape and murder of a minor girl in Kathua in Jammu and Kashmir and the rape of another woman at Unnao in Uttar Pradesh.

“When the whole nation is pained by the brutal rape of young girls, children, below 16 years, government can not remain silent. That's why an Ordinance was brought on April 2,” Minister of State for Home Affairs Kiren Rijiju told te Lok Sabha while replying to the debate on the provisions of the bill.

He accepted the Lok Sabha members observation that just amending the laws to make them more stringent would not be sufficient to check the rising crime against women and children, and that the implementation of the laws actually holds the key of their success.

“After the enactment of the law, we will ensure that every State and Union Territory follows its provision in letter and spirit,” he added.

Elaborating on the amendments proposed under the bill, the Union Minister told the Lok Sabha that the investigations will have to be completed by the police within two months from the date of the recording of case and submit a charge sheet.

The trial of the cases will have to be completed by the special fast track courts in six months.

“Earlier, the character of the victim was assassinated during the trial which was uncomfortable to the victim and society both. We have inserted a new provision to stop this. Lawyers will not be able to talk about the character of the victim during cross examination (in courts),” he added.

The bill also provides that only a woman police officer well record the statement of the victim. Accused of raping a girl below the age of 12 and 16 years would not be entitled for anticipatory bail, he said.