These ‘activists’ oppose death penalty for rape of minors

Agencies
April 21, 2018

New Delhi, Apr 21: Even as a number of leaders have advocated the death penalty for rape of girls aged below 12, child rights activists across the country have come out against the government's decision to amend the Protection of Children from Sexual Offences (POCSO) Act for this purpose.

The Union Cabinet on Saturday approved an ordinance to allow courts to award death penalty to those convicted of raping children up to 12 years of age.

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 punishment of death.

"In a country where there is no certainty of conviction, this government wants to bring in more stringent laws. In a country where most rapes are perpetrated by family members, invoking death penalty will only increase the chances of acquittal.

"Most of the cases will not be reported. There is a reason why the death penalty for child rape exists in only about 13 countries or so, most of them Islamic," said Bharti Ali of HAQ centre for child rights.

According to the data of the National Crime Records Bureau, 95 percent of the rapes are committed by family members. The conviction rate in cases of rapes of women is around 24 percent. It is 20 percent under the POCSO Act.

"I believe that the only deterrent in rape cases is a conviction in not more than 90 days. Worldwide we have seen that more than strict punishment, it is speedy justice that works as a deterrent.

"I fear that with the death penalty, most people will not report child rapes, as in most cases the accused are family members. The conviction rate will come down further," Vinod Tikoo, a former member of the National Commission for Protection of Child Rights, said.

According to a recent study by Kailash Satyarthi Children’s Foundation, it would take the courts two decades to clear the backlog of cases related to child sex abuse.

Activists say the government should focus more on strengthening the existing laws, ensuring the safety of victims and witnesses, speedy trials, and awareness generation.

"We already have the death penalty for several offences and that has not led to any deterrence. If we are looking to create a deterrent, then we have to create it where it works.

"Creating a supportive and enabling environment for the victim to report the crime on their terms, effective and meaningful victim and witness protection, sensitive criminal justice system - including courts, legal aid and police, rehabilitation and ensuring certainty of conviction of the accused are among the areas which will generate deterrence," said Ananth Kumar Asthana, advocate and child rights activist.

The government's move to amend the law to award the death penalty for rape of girls aged below 12 comes amid a nationwide furore over the brutal rape of an eight-year-old girl in Jammu and Kashmir's Kathua district, the alleged rape of a minor in UP's Unnao by a BJP MLA, and other incidents of sexual violence reported from different parts of the country recently.

Union minister of Women and Children Development Maneka Gandhi had a few days ago asked her department to work on a proposal to amend the POCSO Act to bring in the provision of the death penalty for the rape of a minor below the age of 12 years.

Delhi Commission for Women chief Swati Maliwal has been on a hunger strike at Samta Sthal here demanding death penalty for rapists.

Countries which have the provision of the death penalty for raping minors include China, Qatar, Sudan, UAE, Tajikistan, Tunisia, Bangladesh, Kuwait.

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coastaldigest.com news network
June 17,2020

Prime Minister Narendra Modi, who had maintained silence on Chinese aggression and massacre of Indian in eastern Ladakh, now issued a statement saying ‘India wants peace’. He added that India is capable of giving a befitting reply if provoked. 

The prime minister started his meeting with chief ministers on the Covid-19 with a two-minute silence as a tribute to the 20 soldiers who were killed in action in Galwan Valley this week. As he spoke, it became clear that the message was aimed not just at reassuring the nation but also delivering a sharp message to Beijing.

“I would like to assure the nation that the sacrifice of our jawans will not be in vain. For us, the unity and sovereignty of the country is the most important,” PM Modi said. Home minister Amit Shah and defence minister Rajnath Singh were also present in the meeting.

Over twenty Indian soldiers were killed in the violent face-off which took place in Eastern Ladakh on Monday. The troops fought each other with fists and rocks. After the clash, the two sides “disengaged” from the area where the fighting happened, the Indian army statement said. A news agency quoting sources said four Indian soldiers are in critical condition after the face-off.

Defence minister Rajnath Singh mourned the death of 20 Indian soldiers. “The loss of soldiers in Galwan is deeply disturbing and painful. Our soldiers displayed exemplary courage and valour in the line of duty and sacrificed their lives in the highest traditions of the Indian Army,” he said in a statement.

“The Nation will never forget their bravery and sacrifice. My heart goes out to the families of the fallen soldiers. The nation stand shoulder to shoulder with them in this difficult hour. We are proud of the bravery and courage of India’s bravehearts,” the minister further said in the statement posted on Twitter.

These are the first Indian casualties in a border skirmish with PLA since October 1975 when Chinese troops ambushed an Indian patrol in Arunachal Pradesh’s Tulung La sector and shot four soldiers dead.

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News Network
March 4,2020

New Delhi, Mar 4: A court in Delhi on Wednesday convicted expelled BJP MLA Kuldeep Singh Sengar of culpable homicide not amounting to murder in the death of the Unnao rape victim's father.

District judge Dharmesh Sharma said Sengar had no intention of killing the victim's father. “He was beaten in a brutal manner that led to his death,” the judge said.

The court had sent Sengar to jail on December 20 for the “remainder of his natural biological life” for raping the woman in 2017, when she was a minor.

The Central Bureau of Investigation (CBI) had examined 55 witnesses in support of the case and the defence examined nine witnesses.

The court had recorded the statements of the rape survivor's uncle, mother, sister and one of her father's colleague who claimed to be an eyewitness to the incident.

Charges were framed against Sengar, his brother Atul, Bhadauria, sub-inspector Kamta Prasad, constable Amir Khan and six others in the case.

The case was transferred to Delhi from a trial court in Uttar Pradesh on the directions of the Supreme Court on August 1 last year.

In July, 2019 a truck rammed into the car the rape victim was travelling in with some family members and her lawyer.

Two of her aunts died in the incident. She was airlifted from a hospital in Lucknow and to AIIMS in Delhi.

The victim has been provided accommodation in Delhi and is under CRPF protection.

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News Network
March 18,2020

Mar 18: Madhya Pradesh Congress Party sought in the Supreme Court on Wednesday that the trust vote in the state assembly be deferred till by-polls for the vacant seats are concluded, saying "heavens are not going to fall" if its government led by Kamal Nath is allowed to remain in office till then.

A bench, comprising Justices D Y Chandrachud and Hemant Gupta, was hearing cross petitions filed by former Madhya Pradesh Chief Minister and senior BJP leader Shivraj Singh Chouhan and MP Congress on the ongoing political crisis in the state after 22 rebel MLAs of the ruling combine purportedly offered to resign.

"Heavens are not going to fall if Congress government is allowed to continue till by-polls and the Shivraj Singh Chouhan's government must not be saddled on the people," said senior advocate Dushyant Dave, appearing for Congress.

"Let them face re-elections and then hold trust vote... You (BJP) have engineered it. My petition raises the frontal attack that you have launched a conspiracy," he said.

Senior advocate Mukul Rohatgi, appearing for Chouhan, vociferously opposed the submission saying that the party which killed the democracy by imposing emergency in 1975 is now referring to "lofty ideals" of B R Ambedkar.

He said that after the resignations of 22 Congress MLAs, out of which six resignations have been accepted, the state government should not be allowed to continue even for a day.

"It is lust of power because of which all these lofty arguments are being made.

"It is unheard of that a person who had lost majority says that he wants to continue for six months and there should be re-election before the trust vote.

Rohatgi said the Kamal Nath government wanted to stay in power by hook or crook.

Earlier in the day, the Madhya Pradesh Congress told the bench that a probe is needed on the resignation letters of its rebel MLAs that have been submitted by BJP leaders to the Speaker of the state Assembly.

Dave said the Governor has no business to send messages at night asking the Chief Minister or Speaker to hold floor test.

"The Speaker is the ultimate master and the Madhya Pradesh Governor is overriding him," he said.

The party alleged that resignations of its rebel MLAs were extracted by force and coercion and they did not act as per their free will.

It also said that its rebel MLAs were taken away in chartered flights and are currently incommunicado in a resort arranged by the BJP.

The advancing of arguments will resume after lunch.

The Madhya Pradesh Congress Legislature party (MPCLP) had Tuesday moved the Supreme Court seeking direction to the Centre and the BJP-led Karnataka government to grant it access to communicate with its rebel MLAs allegedly kept at Bengaluru.

Earlier on Tuesday, the court had asked the Kamal Nath government in the state earlier in the day to respond by Wednesday to a plea by senior BJP leader Shivraj Singh Chouhan seeking immediate floor test in the Assembly.

MPCLP, in its plea filed by Govind Singh, an MLA and chief whip of Congress legislature party, urged the apex court to declare as illegal the action of the Centre, Karnataka government and the MP BJP of illegally confining its MLAs in Bangaluru.

The plea, filed through senior lawyer Devdutt Kamat, said the trust vote would be a "sham" if 22 MLAs did not take part in it as almost 10 per cent of constituencies go unrepresented.

The plea filed by Chouhan and nine BJP lawmakers was moved in the top court just after the Speaker cited coronavirus concerns and adjourned the House till March 26 without taking the floor test apparently defying the directions of Governor Lalji Tandon.

The plea alleged that the Speaker, the Chief Minister and the Principal Secretary of the Assembly have "flagrantly violated the constitutional principles and have deliberately and wilfully defied the directions" issued by the governor asking the government to prove the majority on the floor of the house on March 16 when when the budget session was to commence.

On Saturday night, Tandon wrote to Nath asking him to seek a trust vote in the Assembly soon after the Governor's address on Monday, saying his government was in minority.

After the Speaker accepted the resignation of six Congress MLAs on Saturday, the party now has 108 legislators.

These include 16 rebel legislators who have also put in their papers but their resignations are yet to be accepted.

The BJP has 107 seats in the House, which now has an effective strength of 222, with the majority mark being 112.

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