The Supreme Court on Monday asked the Govern-ment to consider introducing a separate provision to define rape of girl children and to impose rigorous imprisonment for the offenders.
Referring to rape of a 28-month-old baby and several cases of sexual atrocities on girl children aged between 2-10 years, narrated in a PIl filed by Supreme Court Women lawyers’ Association (SCWlA), the Bench of Justices Dipak Misra and NV Ramana asked Attorney General Mukul Rohatgi to advise the Centre to carve out a separate offence under IPC Section 376 dealing with rape of girl children. At present, Section 376(I) covers acts of rape committed on minors who are defined as women aged below 16 years.
The Bench said, “A child, though a minor, may stand in a different category. The pain visited to a child who knows nothing about sex or rape is a brutal assault.” The PIl argued by senior advocate Mahalakshmi Pavani sought castration of offenders who commit rape on girl children below age of 10 years.
Due to the sharp rise in such cases, she contended that whenever a society moves in this direction, a fear psychosis must be created in the minds of criminals in order to put a curb on such crimes.
Rohatgi, who appeared in the matter at the request of the court, agreed that no society can tolerate crimes of child abuse and child rape. However, the court cannot prescribe or introduce a punishment for any specific crime as it is best left to the wisdom of the legislature. He cited the latest instance where the Government took a conscious decision to enable juvenile offenders aged between 16 and 18 years to be tried as adults for heinous offences after the SC had visited the issue and left it to the legislature to take a call.
The Bench said, “We want to make it clear that courts do not create offences or introduce punishment.” Citing the Vishaka case where the apex court had identified the crime of sexual harassment faced by women at workplace, Justice Misra said, “The issue pertained to facet of Article 32 of Constitution where women required to be treated with dignity at workplace. The present case deals with dignity of child.”
The court suggested to the Centre to consider defining “child” within the offence of sexual assault and to prescribe rigorous punishment for this category of offences. It said, “A thought has to be thought of by Parliament that may think of defining child in context of rape and further prescribe rigorous imprisonment for persons accused of such acts.” The A-G said he will inform the Centre of the order at the earliest.