life sentence for rape and death penalty for gang-rape of a teen aged girl should be the mandate of law keeping in mind the perversity, brutality and bestiality of the perpetrator of the heinous crime.
It is distressing to note that for last some years not only has sexual violence on women increased alarmingly but of late, rape and gang-rape of teen aged girls in different parts of the country have also increased considerably. Needless to say, parents of the victim girl child are now the worst sufferers.
It may be recalled that in December, 2012 in New Delhi there was gang-rape of a young paramedical student at night hours in a moving bus who later on succumbed to her injuries. For the horrendous and gory incident, the whole nation was outraged so much so that people from different walks of life took to the streets showing their solidarity.
There was widespread protest demanding condign punishment for the perpetrators of the hair-rattling crime. There was also demand to give adequate security and protection to the women across the country making the law more stringent.
Consequently the Government of India appointed Justice Verma Committee to have a re-look into the Penal law on sexual offences committed on women and teen aged girls. The committee suggested changes and additions in the relevant provisions of the IPC.
Surprisingly, sexual crimes on women and more particularly on teen aged girls within the age group of 3 to 10 years have become a regular feature in the country according to the information of the National Crime Records Bureau. A total 400 cases of sexual assault against children were reported across the country with Kerala registering the highest number of cases (145) till March this year. Andhra Pradesh recorded 110 cases and Maharashtra registered 95 cases under Protection of Children from Sexual Offences (POCSO) Act - 2012 till March. Tamil Nadu recorded 30 cases in March alone while Delhi recorded 16 such cases till February this year. 206 persons were convicted in 1,611 cases and the conviction rate in such offence was 31.5 per cent in 2013. In 2013, total 12,363 cases were registered under POCSO Act with highest number of cases being reported in MP (2,112), followed by Maharashtra (1,546). In 2012, a total of 8,541 cases were registered and 1,447 persons were convicted in 1,158 cases and therefore recording a conviction rate of 28.2 per cent only. It is worthwhile to mention that according to the information of the National Crime Records Bureau, juvenile offenders outraging modesty of women and girl is 132 per cent and allegedly rape committed by them is 60.3 per cent in 2013. Therefore the Union Ministry of Child Welfare, the Parliament and the National Commission for Child and, above all, the Supreme Court have taken up the matter with serious consideration for lowering the age of juvenile from 18 to 16 years under the Juvenile Justice Act (JJ Act) who are involved in heinous offences like rape and murder. However, the above information would show that in heinous offences like rape and gang rape committed on innocent and immature girls who are in schools, the perpetrators of the crime being juveniles, even if apprehended, go scot-free and in some cases they are sent to reformative homes by the JJ Board. The inquiry of such cases of the JJ Board is also delayed which should be taken up on fast track basis. It is high time the JJ Act was amended with regard to the “age of the juvenile” and “the system of inquiry.”
In this backdrop, the moot question is how to combat and minimize such grave offences. Keeping in mind the serious nature of the crime, not only trial has to be held expeditiously on day-to-day basis by a designated court but punishment has to be exemplary which will have a deterrent effect in the society. This would check the criminal propensity of the offenders. It has been suggested in some quarters that there should be castration of rapists as a lesson for others. However this is not possible in a democratic polity like ours based on rule of law. Even if one is a rapist degrading human treatment should not be given and the offender has to undergo the due process of law for the crime he has committed. Another important aspect which is worthy of mention is that there should be appointment of adequate number of lady trial judges who would try cases of sexual assault on women which will have its desired impact of fear psychosis in the mind of persons who have got criminal propensity to commit the offence. Besides, there is an urgent need to recruit women in police force. In this regard a decision is being taken by the Central Government to recruit 33 per cent of women in police. This is a welcome step which would certainly help minimize sexual crimes on women to a great extent and more particularly on school going girls.
The recent case of rape of a six -year- old girl in a prestigious public school of Bangalore by her two teachers inside the school premises has sent shockwaves in the country. There was public indignation as immediate and timely legal action was not taken to bring the offenders to justice. The aftermath event is now the worry, anxiety and sensation it has caused for the parents and guardians. It is unfortunate that Bangalore type of incident is a daily happening in different places but only few cases are reported and some are not at all and in some cases even if FIR is lodged, no timely legal action is taken for which people are losing faith in the criminal justice delivery system. Therefore to build up confidence in public and curb commission of rape on teen aged school girl condign punishment like life sentence or even death sentence is warranted. If the offender is proved guilty, at the time of hearing on question of sentence which is mandatory under law, no other factors like reformation of the offender, his age etc should weigh the consideration of the court.
Sometimes back, the Rajasthan High Court passed orders for ‘public hanging’ in the reported case of lachma Devi verses Attorney - General of India but the apex court disapproved public hanging. Now in view of the rising trend of sexual violence and rape committed on women and teen aged girls, there is a necessity of rethinking about public hanging so that it will have its deterrent effect in the society. It is worthy of mention that regarding commission of rape, murder and dacoity and other serious offences by juvenile offenders, now there has been a Cabinet decision very recently for amendment of the provisions of JJ Act-2000 for lowering the age of juveniles from 18 to 16 years so that they can be adequately punished like adult offenders. The JJ Board is going to be empowered under the amended JJ Act to refer the case to the competent court for trial and adequate punishment.
(The writer is a former CBI Special Judge, Bhubaneswar and a former Prof of law at lal Bahadur Shastri National Academy of Administration, Mussoorie)