By Elton Gomes
Taking cognizance of the increasing amount of rapes, and the uncertainty in meting out punishments to scamsters who have fled the country, the Union Cabinet passed two new ordinances on Saturday.
One of the passed ordinances allows the courts to award a death penalty to those convicted of raping children who are up to 12 years of age. The Fugitive Economic Offenders Ordinance 2018 was also passed by the Union Cabinet. Both ordinances have been approved by President Ram Nath Kovind.
Death penalty for child rapists
Prime Minister Narendra Modi, and his government have faced considerable criticism over the horrifying rape in Kathua, and the involvement of a BJP MLA in the Unnao rape case.
The decision to award the death penalty seemingly came after Union Minister Maneka Gandhi urged the women and child development (WCD) ministry to amend the Protection of Children Against Sexual Offences (POCSO) law.
According to the Indian Express, the Centre told the Supreme Court that “it is actively considering amending the penal law to introduce death penalty to the accused.” The Centre is also reportedly considering implementing several other measures to ensure that rape cases are investigation quickly and responsibly, and their court trials are also fast-tracked.
What does the law say?
As per the new ordinance, the minimum punishment for rape will now be life imprisonment. Previously, the minimum punishment for rape involved imprisonment of seven to ten years. In a rape case where the victim is under 16 years of age, the minimum punishment has been increased from 10 years to 20 years, and can be extended to life imprisonment.
When the victim is below 12 years, the minimum punishment is a 20-year imprisonment. This can be extended to a life imprisonment, or a death penalty.
What is more, the time limits for investigations, completion of trials, and disposal of appeals, have been revised. If a person is accused of rape or gang rape of a girl who is below the age of 16, there will no longer be any provisions for an anticipatory bail.
According to a report in the Indian Express, fast-tack courts will be established in consultation with states, union territories, and high courts. Among other measures implemented, police stations, and hospitals will be equipped with special kits for rape cases, and forensic labs dedicated to rape cases will be set up in each state and union territory.
The Fugitive Economic Offenders Bill 2018
The Fugitive Economic Offenders Bill 2018 provides for “confiscating properties and assets of economic offenders like loan defaulters who flee the country.” The bill was introduced in the Lok Sabah on March 12. However, it was not passed, as the parliament was busy sorting out a host of several other issues.
On Sunday, President Ram Nath Kovind promulgated the bill.
The need for the ordinance has arisen as there have been instances of economic offenders fleeing the jurisdiction of Indian courts, anticipating the commencement, or during the pendency, of criminal proceedings,” the finance ministry said in a statement, Livemint reported.
What does the bill say?
A fugitive economic offender is “an individual against whom a warrant for arrest in relation to a scheduled offence has been issued by a court in India, who has left India to avoid criminal prosecution; or being abroad, refuse to return to India to face criminal prosecution,” NDTV reported.
The new ordinance will probe offences worth Rs 100 crore or more. The law gives Indian authorities the power to confiscate crime-related funds, as well as the offenders’s properties. Furthermore, the new law will enable the courts to stop an economic offender from putting forward or defending a civil claim.
More importantly, concerning the scheduled crimes, the offenders will have to return to India to submit to the jurisdiction of Indian courts.
Why you should care
Over the past few weeks, Indians have taken to the streets to protest against the rapes in Kathua and Unnaothe decision to award the death penalty to rape cases appears to be in response to these protests.
A report in the Print claims that the decision to grant death penalty was one that was rushed, and might not “reduce the incidence of” child rapes and/or rapes. The report claims that it may however, “help calm immediate citizen anger.”
Now that the ordinance had been issued, there was little choice but to pass the lawregardless of any imperfections. This left very little room for any discussions or debate on the ordinance, according to the Print. Another report in the Wire mentions that those who were readily advocating the death penalty, failed to recognise the fact that the courts already have power to award the death penalty in a horrific rape case.
Another red flag is that the government has categorised minors as “under 12” and “over 12”. The report raises a question about rape victims over the age of 12: “Do girls above 12 years face less physical injury, mental trauma, social stigma and other consequences of rape?”
In another report in the Wire, women’s rights groups, and criminologists argued that the death penalty might not prevent crimes against women. The Wire cites data gathered by the National Criminal Research Bureau, adding that, “the conviction rate of those accused of sexual crimes against girls in 2015 was only 34%.”
In terms of the fugitive economic offenders, Scroll mentions that bringing back Nirav Modi, and Vijay Mallya is part of the extradition process, however, the law cannot force offenders to return. However, the law could be considered harsh enough to compel fugitive offenders to return to India.