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Lok Sabha passes bill for death penalty to child rape convicts

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. Minister Kiren Rijiju agreed to it.

Lok Sabha passes bill for death penalty to child rape convicts

(Representational Image)

A crucial bill to grant 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 Criminal Law (Amendment) Bill, 2018 was passed after Minister of State for Home Kiren Rijiju’s reply to an over two-hour discussion on the measure. He said the government should rise to the occasion when the nation feels pained by the incidents of rape on young girls.

“This is shameful for the country and pricks the collective conscience of the nation. New provision proposes that court where rape cases are being taken up should be presided by a woman judge. The statement in the rape cases should also be recorded by a woman police officer,” he said.

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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 girl at Unnao, Uttar Pradesh.

Though 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.

The bill seeks to amend the Indian Penal Code, Indian Evidence Act, 1872, the Code of Criminal Procedure, 1973 and Protection of Children from Sexual Offences Act, 2012 to provide that the minimum punishment for rape of a woman under 16 years will be rigorous imprisonment for at least 20 years which can extend to life.

The punishment for gang-rape of a girl below 16 years will be imprisonment for the rest of life.

The 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 punishment for rape of a woman aged under 12 years will be rigorous imprisonment of at least 20 years but may extend to imprisonment for life or death. Gang-rape of a girl under 12 years of age will lead to punishment of jail term for the rest of life or death.

The minimum punishment in case of rape of woman has been increased from seven years to 10 years, extendable to imprisonment for life.

Under the new legislation, there will a two-month time limit for completion of investigation of rape cases. 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.

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. Minister Kiren Rijiju agreed to it.

(With inputs from agencies)

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