The President of India has signed the executive order for providing stringent punishment, including death penalty, for those convicted of raping girls below the age of 12 years. This follows the nationwide protest following the rape of an eight year old girl in Kathua, Jammu. But even as India was greeted by this news which the Government believes will deter men from raping children below 12 years, activists and child rights NGOs have a different view of the latest presidential ordinance for amending the Protection of Children from Sexual Offences (POCSO) Act. Firstly they question why only the rape of girls below 12 should attract death penalty. What about a girl between 13- 17 years of age who are also considered minors?
The criminal law amendment ordinance seeks to amend the Indian Penal Code (IPC), the Evidence Act, the Code of Criminal Procedure (CrPC), and the Protection of Children from Sexual Offences (POCSO) Act to introduce a new provision to sentence convicts of such crimes with death penalty. But activists fear that in a country where conviction not only takes a long time but there is also no certainty of conviction, merely bringing in more stringent laws will not help the cause. More so since most rapes committed on children are by family members. Hence the parents of the victims might even choose not to report the crime. A better deterrent for rape of minors is quick conviction and punishment. But according to recent studies by Kailash Satyarthi Children’s Foundation, there are so many cases or rape of minors that it would take the courts at least two decades to clear the backlog of cases. What could prevent rape of children is by following the POCSO Act to the letter and strictly adhering to timelines given which is recording of evidences within 30 days from the date of taking cognizance and completion of trial within one year from the date of taking cognizance. Government would have done better by focussing more on strengthening the existing laws, ensuring safety of victims and witnesses, speedy trials, and awareness generation.
