New Delhi: A crucial bill seeking to provide death penalty to those convicted of raping girls below the age of 12 years and making the law against such sexual offences more stringent, was passed by the Lok Sabha on Monday.The bill replaces the Criminal Law (Amendment) Ordinance promulgated on April 21, following an 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.Although the Criminal Law (Amendment) Bill 2018 was supported by most members across the political spectrum and passed by a voice vote, some in the Opposition objected to the government adopting the ordinance route to enact the law. A statutory resolution disapproving the ordinance on the matter and several amendments moved by the opposition members were also negated by voice vote.Replying to an over two hour discussion on the bill, minister of state for home Kiren Rijiju said the stringent law was aimed at providing safety to minor girls. He said the existing Indian Penal Code provided for punishment to those convicted of raping a woman, but there was no provision for rape or gangrape of minor girls below 16 or 12 years of age. These are “very important provisions” which the government has proposed, Rijiju said.Stating that the recent incidents of rape and gangrape of women below the age of 12 years has shaken the conscience of the entire nation, he added that offences like rape and gangrape of women in the age of 12-16 years require effective deterrence through legal provisions of more stringent punishment.During the debate, deputy speaker M. Thambi Durai, who was in the Chair, suggested that the provisions of the legislation be given maximum publicity, which would act as a deterrence, to which the minister agreed.Quantum and nature of punishmentThe bill stipulates stringent punishment for perpetrators of rape, particularly of girls below 12 years. Death sentence has been provided for rapists of girls under 12 years. The minimum punishment in cases of rape of women has been increased from rigorous imprisonment of seven years to ten years, extendable to life imprisonment, Rijiju said.According to the bill, in case of rape of a girl under 16 years, the minimum punishment has been increased from ten to 20 years, extendable to imprisonment for rest of life, which means jail term till the convict’s “natural life”. The punishment for gangrape of a girl below 16 years will invariably be imprisonment for the rest of the life of the convict.Stringent punishment for rape of a girl under 12 years has been provided with the minimum jail term being 20 years which may go up to life in prison or death sentence. Gangrape of a girl under 12 years of age will invite punishment of jail term for the rest of life or death.The measure also provides for speedy investigations 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. A six-month time limit for the disposal of appeals in rape cases has also been prescribed, the bill says, adding that there will also be no provision for anticipatory bail for a person accused of rape or gangrape of a girl under 16 years.It has also been prescribed that a court has to give notice of 15 days to a public prosecutor and the representative of the victim before deciding on bail applications in case of rape of a girl under 16 years of age. Rijiju said, “This bill reflects the concern of the nation. It shows the determination of the government towards safety of women and girl child. We want that the women in the country do not feel insecure.”Replying to an over two hour discussion on the measure, Minister of State for Home Kiren Rijiju said the stringent law was aimed at providing safety to minor girls. Credit: PTIAccording to a report in the Hindustan Times, BJD’s B. Mahtab demanded that the provisions should be amended to specify sexual assault on a child, rather than use the word rape as the bill seeks to amend four laws – the IPC, CrPC, Evidence Act and POCSO. He reportedly moved an amendment to that effect, which was not passed by the majority.AIMIM’s Asaduddin Owaisi opposed the bill and said we need a deterrent law but this proposed legislation will put India in the same category as Saudi Arabia and Iran. BJD MP Pinaki Misra suggested that the bill should have been sent to a standing or select committee and added that its structure requires further improvement.Earlier in the month, a 40-year-old man was convicted of raping a nine-year-old in Sagar district, Madhya Pradesh, on May 21 and awarded death penalty by an additional district judge. The Indian Express, which carried the report, had also said:This is one of the quickest conviction and sentencing after the Central government passed an ordinance in the wake of the rape and murder of a child in Kathua, near Jammu, to amend the POCSO Act and grant death penalty to those convicted of raping girls below 12 years.On July 27, a special court of additional sessions judge convicted Rajkumar Kol, an autorickshaw driver after finding him guilty under section 376 (A)(B), introduced under the Criminal Law (Amendment) Ordinance 2018, as well as relevant sections of the POCSO Act.Kol had raped the five-year-old girl on July 4 while taking her to school.Ever since the Criminal Law (Amendment) Ordinance 2018 was cleared, many experts have argued that stringent punishment may not deter offenders owing to various socio-economic and procedural reasons. It remains to be seen whether this bill will prove efficient.(With PTI Inputs)
