Kathua rape case: Now, death row for rapists in J&K

Introduced in the aftermath of the horrific Kathua rape and murder of an eight-year-old tribal nomad girl by the Mehbooba Mufti government, Jammu and Kashmir Governor NN Vohra has promulgated the ordinance to make the rape of children punishable by death and rape of woman punishable by life sentence in the state.

Vohra promulgated the two ordinances — The Jammu and Kashmir Criminal Law (Amendment) Ordinance, 2018 and The Jammu and Kashmir Protection of Children from Sexual Violence Ordinance, 2018 with an official statement that read, “In view of the surge in violence against women in general and sexual violence in particular in various parts of the country, including J&K, need was felt to carry out certain amendments in the Criminal Laws (Ranbir Penal Code, Samvat, 1989; the Code of Criminal Procedure, Samvat, 1989; and the Evidence Act, Samvat, 1977) on the analogy of the amendments made in the Central Criminal Law in 2018.”

According to the new law, raping a woman under 16 years of age is now punishable with rigorous imprisonment for 20 years and may extend to life sentence, which shall mean the remainder of the convicted person’s natural life.

The spokesperson added, “Raping a woman below 12 years of age has been made punishable by death sentence. Additionally, gangrape of a woman under 16 years of age has been made punishable by imprisonment for life, which shall mean imprisonment for the remainder of that person’s natural life.”

The spokesman also said that investigation in such cases hereon is to be completed within a period of two months. “Trial in such cases to be completed within six months and reasons for any delay shall need to be communicated to the High Court. It has also been provided that no bail shall be granted without hearing the public prosecutor,” said the spokesman.

Hailing the decision, Nayeema Ahmad Mehjoor, chairperson, J&K State Commission for Women said, “It was our demand. We had recommended it (death sentence) to the government. I think our demands have been accepted. This kind of stern punishment will act as deterrent. People will think thrice before committing this sin. This was need of the hour.”

CHANGE INCLUDES

• Raping a woman under 16 is punishable with RI for 20 years; may extend to life sentence.
   
• Raping a woman below 12  is punishable by death sentence.
   
• Gang rape of a woman under 16 years of age has been made punishable by imprisonment for life