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LATEST NEWS UPDATES | Death for child rape: Have you done any research before coming out with Ordinance, Delhi HC pulls up Centre -Pritam Pal Singh

Death for child rape: Have you done any research before coming out with Ordinance, Delhi HC pulls up Centre -Pritam Pal Singh

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published Published on Apr 24, 2018   modified Modified on Apr 24, 2018
-The Indian Express

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.

New Delhi: 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.

“Have you been to the root cause of the crime, or it is effect of the public outcry,” the bench noted. The bench further observed that most of the offenders are close family members. “Will the family members come out and depose against their relatives family.”

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The Indian Express, 24 April, 2018, http://indianexpress.com/article/india/was-there-scientific-assessment-that-death-penalty-is-deterrent-to-rape-delhi-high-court-asks-centre-5148659/


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