Delhi HC questions ordinance for tougher law on child rape

President Ram Nath Kovind has approved the ordinance for changes in the Indian Penal Code (IPC), the Evidence Act, the Code of Criminal Procedure (CrPC) and the Protection of Children from Sexual Offences (POCSO) Act.Two days after the Centre approved an ordinance that allows courts to award the death penalty to those convicted of raping children below 12 years of age, the Delhi High Court Monday questioned the move and asked the Centre if any scientific assessment was conducted or the view of victims taken before the ordinance was approved. The HC also sought to know if authorities concerned had considered the consequences of the ordinance to victims. “Have you (Centre) conducted any scientific assessment or study before passing of your ordinance,” a bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar said, adding “is death penalty deterrent to rape now?”. The Ordinance was approved after outrage over the rape and murder of an eight-year-old girl in Kathua, and allegations of rape against a BJP MLA in Unnao, Uttar Pradesh. “Have any victims been heard? If the punishment for both murder and rape is same, it is a huge consequence. Can you imagine now, how many offenders would allow their victims to survive now that rape and murder have the same punishment,” the bench observed. It also sought to know from the respondents, including the Centre, if decision makers had considered educating offenders, a majority of whom are below 18 years of age.

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