Separate penal provision on rape of childrenIJ
Both the Supreme Court and the Government of India are on firm ground in their opinions over tackling incidents of rape of children. While the apex court has advised the Government to introduce new provisions in the Indian Penal Code to deal with the rape of a girl child, the Attorney General of India Mukul Rohatgi pointed out that Parliament was the appropriate body to deliberate and come to a conclusion on the matter. The court was deeply moved by an incident of rape of a 28-month girl child and, while hearing a public interest petition the Supreme Court Women lawyers Association had filed, suggested that the Government should carve out a separate offence under Section 376(1) of the Indian Penal Code dealing with the rape of minors. The two-judge Bench was right in pointing out that, while the definition of minors included all children below the age of 16, sexual crimes against those far less in age, with the victims often being toddlers, were heinous enough to be dealt with separately. The Government and Parliament need to take a call on the suggestion. There is certainly a case for meting out exemplary punishment for rape, but that punishment should be even more stringent when the victims are innocent children. In other words, the Supreme Court has said that a child should be treated as a special case among minors. While the Government will surely agree with the concerns of the apex judiciary and would want to combat more effectively crimes against the girl child, it is entirely up to Parliament to bring about the necessary changes. These changes cannot be a knee-jerk reaction to the court's observations, but must evolve through a wide range of consultations with all stakeholders. To begin with, the Government has to take a position on the issue. It has to then seek comments from experts working in the field of child welfare and use the inputs to formulate the changes it desires in the IPC. Thereafter the proposal will come up before Parliament to discuss, debate, and reject or approve. The collective wisdom of representatives of the people will decide the issue. It's not as if Parliament is immune to popular opinion. The alacrity with which it recently endorsed changes in the Juvenile Justice (Care and Protection of Children) Act, is a case in point. It did so out of respect for popular sentiment and the pressing need to target the rising grave crimes committed by juveniles.
Incidentally, by citing this particular instance, Mr Rohatgi appeared to indicate that the Government was prepared to consider the court's suggestion with the respect it deserved; however, the necessary amendment to the IPC which the court spoke of (and this will include all children regardless of gender), will happen only if a majority of the members in Parliament support it. At this stage, however, the Government has to take the initiative. The other parties are unlikely to frame their opinion unless they have a concrete proposal.