Death sentence for rape-murder: a victory for Damini and Public

Anil Narendra

I have been repeatedly writing in this column that sacrifice of Damini would not be allowed to go waste and it would definitely bear fruits. This heart rending incident of 16^th December had rocked the whole country. Demonstrations are still being held at the Jantar Mantar in Delhi. Media has also been quite active during this period. The pressure from all sides has started yielding results. Recently, the Union Cabinet has approved an ordinance on Friday that is going to have far reaching changes in the rape laws. Now, it would not be easy for an accused of sexual violence against women to escape easily. Accused in abominable rape cases, where the victim dies or reaches on the verge of death, can now be sentenced to death. Amending the definition of rape, the Government on the basis of the Justice Verma Committee’s recommendations, has made a number of provision which are stronger than the recommendations. The Ordinance provides for rape accused to be kept behind bars for whole of their life and 20 years term for persons throwing acid. It also has a legal provision for compensation for the rape victims. After the approval by the Cabinet, the Government has sent the Ordinance to the President for his approval. After the President’s assent, notification will be issued. After fast developing incidents within just 24 hours, a decision to bring the Ordinance was taken. Sonia Gandhi talked to the Prime Minister on Friday morning. It was decided to call a meeting of the core group of the Congress in the evening at five thirty. Even ministers were totally ignorant about Government’s intention to bring the Ordinance. Later, ministers were informed about a cabinet meeting at the residence of the Prime Minister. Sonia Gandhi, along with Home Minister, Finance Minister and Defence Minister reviewed the Ordinance and approved it. Sonia Gandhi asked Dr Manmohan Singh, “Bring the Ordinance. It would have no effect on the sanctity of the Standing Committee. We must tell the country that the Government is committed for stricter laws.” There is no doubt about it that the driving force behind this Ordinance was Sonia Gandhi herself. The decision of bringing the Ordinance just 20 days before the start of the Parliament session, underlines the seriousness of the Government in the matter. We must also appreciate Government’s readiness to accept Verma Committee recommendations within 9 days of the submission of the report by the Committee. May be the Government wants to avoid Opposition attacks during the Budget Session. Now, the Parliament will have to give its assent on this Ordinance. Consensus will have to be reached between the ruling alliance and the Opposition. Justice Verma Committee had not recommended death sentence for rape-cum-murder cases, but the Government ignored the recommendation in this regard and has gone a step further. By heeding to the public anger over the 16^th December incident and acceding  to the popular demand, the Government has not only tried to do justice to Damini, but also recognized the demand of the people. The path ahead is not an easy one. The Government may have to face resistance from the Parliament and at political level, an d also from human rights organizations and at international level. The Government has, however, done nothing unusual. There is already provision of death sentence for rarest of rare cases of rape-cum-murder. Had the Government, on the basis of that provision stopped it, then it would have ill effect all-round and it may prove a political blunder for it. Now about the sixth accused being juvenile, we think that he deserves death sentence. We personally believe that by categorizing crimes in two categories of adult and juvenile crimes, the position could be made clear. Child or juvenile crimes refers to the mischief by children such as stealing vehicle for going on a drive or stealing a purse just to buy chocolates or commenting on girls in the classes. But when a juvenile cold-bloodedly conspires to rape, harass sexually and murder, then it is not a juvenile, but adult crime, and he must be punished for such an adult crime. These are my personal views, I don’t know whether you would agree with these or not. Meanwhile, Sonia Gandhi and the UPA Government must be congratulated for their efforts to act on the call and demand of public.