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Death for child rape: Cabinet approves death for rape of kids under 12

Probe, trial in 4 mths; fast-track courts for cases

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Women raise slogans during a protest rally against the recent incidents of rape, in Guwahati on Saturday
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Amid the nationwide outrage triggered by the gruesome rape and murder of an eight-year-old girl in Jammu and Kashmir's Kathua district, the Union Cabinet approved an ordinance on Saturday, proposing the death penalty to those convicted of raping children below 12 years of age.

Official sources here said a meeting chaired by Prime Minister Narendra Modi, soon after he landed from his five-day European tour, sought to amend the Indian Penal Code, the Evidence Act, the Code of Criminal Procedure and the Protection of Children from Sexual Offences (POCSO) Act to introduce a new provision of stringent punishments.

Last week, as protests raged over the Kathua and Unnao rape (in which BJP MLA Kuldeep Singh Sengar has been arrested), Union Minister for Women and Child Development Maneka Gandhi had floated the idea to bring in stringent law against rape of children.

Gandhi also directed states to improve their police response to sexual offences by setting up special teams, sensitise officers and punish those obstructing probe.

Besides Gandhi, chief ministers of two BJP-ruled states — Yogi Adityanath of Uttar Pradesh and Shivraj Singh Chouhan of Madhya Pradesh — too had proposed death for the crime. At Saturday's meeting, the proposal was formally moved by the Home Ministry.


Earlier, in 2012, a proposal to award the death penalty for rape was shot down on the argument that it may endanger the life of the survivor. More recently, in January, the government told the apex court that the death penalty was not the answer to everything — a stand the government has evidently been forced to back track from in the wake of the public outrage over the horrific rapes in Kathua and Uttar Pradesh's Unnao, much of it initially directed at leaders of the ruling BJP.

The existing provisions stipulate a minimum jail term of seven years for a minor's rape. The maximum punishment is a jail term for the remainder of the convict's life. The Union cabinet also decided to put in place measures for speedy investigation and trial of rape cases. For rape of a girl under 16 years of age, minimum punishment has been increased from 10 years to 20 years, extendable to life imprisonment; minimum 20 years' imprisonment or life imprisonment for rape of a girl under 12 years has been provided in the Ordinance. 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 gang rape of a girl below 12 years, punishment will be life imprisonment or death sentence.

According to the Cabinet note, the ordinance has also prescribed 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 court has to give notice of 15 days to the public prosecutor and the representative of the victim before deciding bail applications, in case of rape of a girl under 16 years of age," the note stated.

The other measures approved include issuing directions to set up fast track courts, creation of new posts of public prosecutors and distributing special forensic kits to detect rape cases to all police stations and hospitals. Also, dedicated manpower will be provided for investigation of rape cases in a time-bound manner. States have been asked to set up forensic labs. "These measures will form part of a new mission mode project to be launched within 3 months," the cabinet note informed.

Significantly, the Cabinet also directed the National Crime Records Bureau to maintain a national database and profile of sexual offenders, which will be regularly shared with states/UTs for tracking, monitoring and investigation, including verification of antecedents by police. Also the present scheme of One Stop Centres for assistance to victim to be extended to all districts in the country.

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