Thu, 28 Mar 2024 Today's Paper

Will death penalty for child rape be a deterrent ?

By

24 April 2018 12:37 am - 1     - {{hitsCtrl.values.hits}}

A A A

Stung by world-wide condemnation for its callous indifference towards the rape and murder of an 8-year-old Kashmiri Muslim tribal girl by middle rung government officials, the Indian Prime Minister last week got an ordinance passed to enable courts to give death sentences on persons convicted of raping girls under the age of 12. 


The anger of the middle-class, which demonstrated across India, was doused by the Prime Minister’s dramatic action. 


But experts say a closer examination of the issues involved would reveal that the ordinance was either a knee-jerk reaction of a rattled government or a balm of temporary effectiveness meant to end a political crisis in a pre-election year. 


It was not a well-thought-out action plan to effectively curb rape, which has become a social problem. Veteran journalist and editor of ThePrint, Shekhar Gupta described the ordinance as “lollipop politics” to stop a baby from crying. Others picked holes in the measure which could make the ordinance difficult to implement. 
Lawyers have also pointed out that the measure was not even new. A stringent law allowing death penalty for rape has been in existence since 2013. 


In the wake of a countrywide outcry which followed the gang rape in Delhi in 2012 (the Nirbhaya case), the Manmohan Singh Government got Parliament to pass the Criminal Law (Amendment) Act of 2013 introducing the death penalty for the non-homicide offence of rape under IPC Sections 376E (for repeat offenders) and under 376A (for rape that reduces the victim to persistent vegetative state). 


Modi’s dramatic action immediately on return from CHOGM in London, has more to do with the fact that he and his Bharatiya Janata Party (BJP) are to face parliamentary elections in May 2019. 


In that context, the BJP Government could ill-afford to be accused of being silent, evasive or supportive of the despicable actions of its party men, political supporters or government employees. 

 

Modi’s dramatic action immediately on return from CHOGM in London, has more to do with the fact that he and his Bharatiya Janata Party (BJP) are to face parliamentary elections in May 2019


The rape and murder of 8-year-old Asifa Bano in Kathua was committed by a retired government officer and a serving police officer and the perpetrators were openly supported by BJP-affiliated organisations. They held demonstrations demanding a central government investigation because Jammu  and Kashmir Police were allegedly pandering to the Muslim majority in the State by wantonly naming Hindus as the accused. 


However, in other parts of India, the government’s inaction and insensitive actions of its supporters led to a rash of demonstrations across India which became international news drawing stinging comments from prestigious Western newspapers. IMF Chief Christine Lagarde had twice called upon Modi “to do more for women.” 


The Ordinance 


Under the latest ordinance, new fast-track courts are to be set up to deal with rape. Special forensic kits to deal with rape cases will be given to all police stations and hospitals. 


The minimum punishment in case of rape of women has been increased from seven years rigorous imprisonment (RI) to 10 years, extendable to life imprisonment. In case of rape of a girl under 16 years, the minimum punishment has been increased from 10 to 20 years, extendable to imprisonment for rest of life, which means jail term till the convict’s “natural life.” 


The punishment for gang rape of a girl below 16 years will invariably be imprisonment for the rest of the life of the convict. But the punchline was that the death sentence was permissible for rape of girls under 12. 


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. 


The ordinance also provides for speedy investigation and trial. The time limit for investigation of all cases of rape is two months. A six-month time period for the disposal of appeals in rape cases has also been prescribed. There will be no provision for anticipatory bail for a person accused of rape or gang rape of a girl under 16 years. 


Telling Statistics


According to the Indian National Crime Records Bureau (NCRB), in 2016, of the 64,138 child rape cases before the courts under the Protection of Children from Sexual Offences (POCSO) Act, 1,869 cases (or less than three per cent) had ended in conviction. 


In 34,650 out of 36,657 cases (94%), the offender was known to the victim. He was either a close family member, neighbour or an acquaintance. Therefore, social workers believe that many or most cases of rape are hushed up for the sake of family image or honour. And distressingly, the victims will not complain even to the family, if the offender were a close relation. 


Indian Supreme Court Counsel Vrinda Grover even goes to the extent of saying that if death sentence were the punishment and the offender was a relation or a close friend, fewer victims would complain, the consequences being severe. 

 

The rape and murder of 8-year-old Asifa Bano in Kathua was committed by a retired government officer and a serving police officer and the perpetrators were openly supported by BJP-affiliated organisations


Broader Perspective Needed


Given this reality, experts point to the need for a wider debate before any amendment of the criminal law is carried out to award death penalty for cases of child rape. They believe that the root of the problem lies in social mores, conditions and the highly inadequate legal and investigative system rather than the leniency of the law or the absence of death sentence. 


The system is sluggish. The POCSO Act provides for trials to be completed within a year. But at the end of 2016, 89 per cent of the cases were pending. Given the time-consuming legal process and poor conviction rate, death penalty will mean little to the vast majority of the victims, Grover says. 


She also points out that stringent time limits are already there. The Criminal Law (Amendment) Act of 2013 states that in all cases of rape, “trial shall, as far as possible, be completed within a period of two months” and that “investigation in relation to rape of a child may be completed within three months.” 


Grover argues that tweaking the laws to make them more severe would not help if investigation techniques continue to be old-fashioned and shoddy and judges were incompetent. 


“Judges are not trained to handle cases of child sexual assault and gender-based violence,” she points out. Mumbai-based human rights lawyer, Persis Sidhva adds that prosecutors do not know how to conduct rape cases and that even high-profile cases take too long to conclude. 


Additionally, proposing fast-track courts does not help when the number of judges remains the same or if the prosecutors are not capable of handling such cases, she says. 

The minimum punishment in case of rape of women has been increased from seven years rigorous imprisonment (RI) to 10 years, extendable to life imprisonment. In case of rape of a girl under 16 years, the minimum punishment has been increased from 10 to 20 years, extendable to imprisonment for rest of life, which means jail term till the convict’s “natural life.” 


Verma Commission 


Following the rape and murder of a young lab assistant in a bus in New  Delhi in 2012, a committee set up under former Supreme Court Chief Justice J.S. Vermato suggested measures to curb the heinous crime. 


Significantly, the Verma panel did not recommend death penalty. It categorically stated that there is “considerable evidence that the deterrent effect of death penalty on serious crimes is actually a myth.” It also said “death penalty would be a regressive step in the field of sentencing and reformation.” 


Statistics support Verma’s contentions. The Working Group on Human Rights reported that the murder rate in India had declined consistently over the last 20 years despite a slowdown in execution of death sentences since 1980. 


The Clio-The Hindu study found the murder rate fallen from 4.3 in 1995 to 3.3 in 2013, even though the conviction rate was low. 


According to NCRB, 1,303 capital punishment verdicts were handed down in India between 2004 and 2013. But only three convicts were executed during this period. 


Order Gifts and Flowers to Sri Lanka. See Kapruka's top selling online shopping categories such as Toys, Grocery, Kids Toys, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka's unique online services such as Money Remittence,Astrology, Courier/Delivery, Medicine Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka

  Comments - 1

Order Gifts and Flowers to Sri Lanka. See Kapruka's top selling online shopping categories such as Toys, Grocery, Kids Toys, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka's unique online services such as Money Remittence,Astrology, Courier/Delivery, Medicine Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka
  • Rhonda Taylor Wednesday, 25 April 2018 11:11 AM

    No!! definitely not.These criminals should be tied to a horse and dragged from one end of the village to another till they die. They will then understand the pain , fear and suffering a child goes through whilst being raped. If a law like this is implemented the percentage of rape will drop drastically. Punishment like such should be implemented in Sri Lanka too. It is about time our children are kept safe


Add comment

Comments will be edited (grammar, spelling and slang) and authorized at the discretion of Daily Mirror online. The website also has the right not to publish selected comments.

Reply To:

Name - Reply Comment





Order Gifts and Flowers to Sri Lanka. See Kapruka's top selling online shopping categories such as Toys, Grocery, Kids Toys, Birthday Cakes, Fruits, Chocolates, Clothing and Electronics. Also see Kapruka's unique online services such as Money Remittence,Astrology, Courier/Delivery, Medicine Delivery and over 700 top brands. Also get products from Amazon & Ebay via Kapruka Gloabal Shop into Sri Lanka

VAT increase: SOUNDs death knell for publishers, readers

Though the Government imposed VAT (Value Added Tax) on vegetables and other e

How female change-makers are driving Sri Lanka’s energy saving platform

Saving energy has become more of a responsibility than a habit in today’s c

A dull Ramadan awaits Muslims amidst the Soaring Cost of Living

In the coming days, Muslims across the world will welcome the Holy Month of R

New wildlife underpass to curtail HEC

As of February 2024, Sri Lanka lost another 38 elephants as a result of the H

MIRROR CRICKET

More