Fate of law against child rapists hangs in balance

Sushil Manav

Tribune News Service

Chandigarh, May 22

The fate of an amendment Bill passed by the Haryana Assembly, allowing death penalty for rape of girls below 12, hangs in balance after the Centre promulgated a similar ordinance.

The state government is weighing options — either go ahead with the Bill passed by the Assembly or discard it and implement the ordinance promulgated by the Centre on April 21.

SS Prasad, Additional Chief Secretary (Home), confirmed the state government was in the process of studying and comparing provisions of the two laws, but it was yet to take a call on the matter.

“The Criminal Law (Haryana Amendment) Bill, 2018, passed by the Assembly in its Budget session was sent to the Union Ministry of Home Affairs in March for Presidential approval. On April 21, the Centre passed the Criminal Law (Amendment) Ordinance, 2018, on the same subject. Though both laws have differences, the basic intent is the same,” Prasad said.

Sources said the Home Department is likely to prepare a report after comparing the two laws and then place it before Chief Minister Manohar Lal Khattar for a decision because it was on his initiative that the law was amended.

The amended law provided that in case of rape of a girl up to 12 years of age, there will be a punishment of death or rigorous imprisonment of not less than 14 years which may extend to imprisonment for remainder period of the convict’s natural life.

If a girl up to 12 years is raped by one or more persons constituting a group, each of those persons will be punished with death or rigorous imprisonment for a term which will not be less than 20 years, but which may extend to life along with a fine.

In the Central ordinance, minimum punishment for rape cases has been increased from seven years’ rigorous imprisonment to 10 years.

For rape of girl under 16 years, the punishment has been increased from 10 years to 20 years extendable to imprisonment for convict’s rest of life.

Stringent punishment up to death has been provided for rape of girls under 12 with a minimum punishment being 20 years imprisonment extendable to the rest of convict’s life.

For gang rape of girl below 12, the punishment under the Central Ordinance is imprisonment for rest of life or death.

Sources said Union Home Minister Rajnath Singh has written to Khattar for setting up of fast-track special courts to exclusively decide rape cases, sanction of additional posts of public prosecutors and supporting manpower, adequate provision for forensic kits and opening of forensic labs for the purpose.

Union Home Secretary Rajiv Gauba has also written to Haryana Chief Secretary Depinder Singh Dhesi, asking him to take steps for implementation of the law.