Death Sentence for December 16th Rape Convicts

Nine months after the brutal and horrifying act of rape in Delhi which jolted the country's conscience , the “Fast Track Court” announced verdict for four from the six accused convicts, while one being under 18 was delivered to reform home for three years(maximum applicable) through the Juvenile Justice Board and something died in Delhi’s Tihar Jail custody. Have the ability to been held guilty of rape and murder and also have been sentenced to death.

The gruesome nights December 16th 2012 brought a wave of terror nationwide and led to some landmark alterations in legislations for example passing of the anti-rape ordinance in the month of February, constitution of Justice Verma Committee, amendments to Criminal Legislation Act, Indian Penal Code, Code of Criminal Procedure, Indian Evidence Act, Protection of kids from Sexual Offences Act, and passage of Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Bill 2013, etc. Additionally, it highlighted several doubts debates over issues for example capital punishment Vs life imprisonment, chronilogical age of juveniles indulging in severe criminal acts, compensation to acid attack victims, also raising the costs of acids while making their purchase regulated.

Justice Verma Committee: The committee was constituted to recommend amendments towards the Criminal Law so as to provide for quick trials and graver punishments for criminals charged with committing sexual assault against women.

• Major recommendations produced by the committee were associated with rape, sexual harassment, trafficking, child sexual abuse, sexual assault, acid attacks, medical study of victims, police, electoral and educational reform.
• Rape continues to be defined in the report just like any non-consensual sexual act. Even marital rape gets to be a mention in it and the existing exception into it under the laws was opined through the committee to be removed. Giving a broader definition to “sexual assault” the committee has effected to the mandate.

Criminal Law (Amendment) Act - 2013: The amended law, as went by the parliament in April 2013, offers a rigorous imprisonment for a term for around 20 years for a rape convict, which might extend to remainder of the convict’s natural life.

• Repeat offenders happen to be dealt with more severely with provision of death sentence on their behalf and also making repeat offences of stalking and voyeurism as non-bailable.
• The mandate from the amended law is to give stringent punishments such crimes.
• Acid attack cases require a 10 year jail term within the amended law.
• Non registration of First Investigation Report by police personnel in such instances has also been made a punishable offence.

Sexual Harassment at Workplace (Prevention, Prohibition and Redressal) Act 2013: Applicable to both private and public workplaces the act legalises protection of not just women at their workplace but additionally students in institutes and colleges, and patients in hospitals.

• Upholding the decision of the Supreme Court in Vishaka Vs State of Rajasthan Case the act establishes sexual assaults at workplace as violative of fundamental rights of “gender equality” and “life and liberty” amounting to violation from the fundamental right to work as given under Article 19(1)g from the Indian constitution.
• Investigation of grievances will be carried out by Grievance Committees, to be established by every employer/authority, and completed within 3 months. Complaints Committees have to be established Block/District Levels as deemed fit through the District Collector.
• The act expands the bounds of work place as were defined within the Vishaka Case.
• Non-compliance of the provisions penalises employers by charging them fines in addition to cancelling their registrations as needed.

Issue of Juvenile Delinquency - The Juvenile Justice (Care and Protection of kids) Act, 2000, brought in compliance to Child Rights Convention, may be the primary framework in juvenile justice system and it is more of a welfare legislation.

• The situation in point raised demands to amend the legislation as well as lower the age of juveniles from 18 to 16 years bearing in mind the juvenile convicted in the event but they were subsequently rejected by the Supreme Court. However, a draft amendment bill is pending before Secretary of state for Law and Justice for scrutiny.

Debate over death penalty Vs life imprisonment: Although the Apex court opines that death penalty is definitely an exception, for rarest from the rare cases of crime, and life imprisonment may be the norm, women’s organisations fear that capital punishments can drive the criminals to kill their victims in an attempt to destroy evidences rather than serving as a deterrent. However, keeping them alive in custody for his or her natural life term despite committing heinous crimes leaves the sufferers vulnerable with no hope for justice.

• Arrive at a balanced judgement in such scenarios Top court advocates for consideration of both aggravating and mitigating things to prove the accused guilty and render such quantum of punishment out of the box apt. Aggravating circumstances speak from the accused and mitigating circumstances speak for him. The idea is that a guilty might have to go unpunished but an innocent should not go punished.

Returning to the judgement, had the convicts been sentenced to imprisonment, many such miscreants may have got teeth. Such stringent punishments will prove like a deterrent to criminal minds. There might be an element of truth to the fact that mob and media pressure steered this episode to the ending, if this is one. The storyline of Nirbhaya may not end because there might be appeals in 2nd floor courts but she will function as the girl whom everybody knows yet nobody knows her name.