Stringent laws to strengthen minors
Owing to the strong commitment towards India, the Indian parliament, in a historic move, passed the Criminal Law (Amendment) Bill, 2018 on July 30, 2018, that provides the death sentence for raping a girl under 12 years and enhances the minimum punishment for rape of a woman from seven to ten years.
Rape and Sexual violence is a reported selectively to project it as a massive problem in India by a section of media by reporting selective case (kathua case) million times to create a narrative. The picture shows the search result in Hong Kong for rape case i.e. kathua rape at the right. This is completely misleading as the global rape statistics shows that India is 1.8 rape per 100,000 women in the globe, which is one of the lowest.
According to a data compiled by Mahesh Hegde, editor of PostCard, stated that 96% rapes cases were targeted towards majority community i.e. Hindus. In addition, the mainstream media has selectively reported the rape cases when minority was involved and ignored the majority of the total rape cases in Assam or West Bengal or Kerala. Western media failed to report the millions of other cases took place in many other countries across the globe.
Nevertheless, the tougher punishments to the guilty were in demand for many years (especially after 2012 Nirbhaya case) but the complexity of social structure had crippled the governments to come with a stringent law. That, in turn, it may give an idea to perverted minds that they could escape unharmed after raping an elderly, a young girl or even a minor, but the government has already strengthened the existing law by increasing the exiting jail term from 7 years to 10 years.
The new Bill provides for time-bound investigation in cases of rape of girl children. The investigation into the rape of a child must be completed within two months. Also, the case is to be tried in a fast track court. The Bill states that an appeal against a sentence by the trial court must be disposed of within six months. Accused is not entitled to anticipatory bail, under the new law, in offences of rape of a child less than 16 years of age.
The Kathua case in J & K or Jyoti and Gita in Delhi or the latest Bihar NGO rape case has again highlighted the need for stricter punishment that can ensure women safety and especially that of children. Complex social issues have affected the most vulnerable members of the society in the worst way possible. Moreover, families' and societal inhibitive attitude and investigation methods of dealing with child sexual assaults are needed to reform.
The new Bill seeks to replace the Criminal Law (Amendment) Ordinance passed on April 21 this year.
On July 30, Minister of State for Home Affairs Kiren Rijiju, said in response to the passage of the Bill in the Lok Sabha that the POSCO (The Protection of Children from Sexual Offences) was gender-neutral while the new law is specifically girl-oriented. The Criminal Law (Amendment) Bill 2018 will amend relevant Sections of the IPC, CrPC and also POCSO Act.
Salient points in the new Bill are:
However, Government alone cannot do everything as this is a social problem and entire society needs to come together to fight the issue and support the government and judiciary system to weed out this evil.
As a part of society, we need to recognize our role as an individual or parents/family members, or as an organization, do our part and some of the measures to improve the overall quality of current Indian mindset by introducing the spiritual teaching, inculcating good values at young age, and creating a support group within the community are equally important.
But, sitting on the fence to watch and criticize is not going to solve the problem in anyway. or worst is to indulge in creating false narrative to defame or denigrate will worsen the situation, and will also leave a long term negative impact in future that will hound everyone - nation, community and you...
Let's us be a responsible individual first!!!
Rape and Sexual violence is a reported selectively to project it as a massive problem in India by a section of media by reporting selective case (kathua case) million times to create a narrative. The picture shows the search result in Hong Kong for rape case i.e. kathua rape at the right. This is completely misleading as the global rape statistics shows that India is 1.8 rape per 100,000 women in the globe, which is one of the lowest.
According to a data compiled by Mahesh Hegde, editor of PostCard, stated that 96% rapes cases were targeted towards majority community i.e. Hindus. In addition, the mainstream media has selectively reported the rape cases when minority was involved and ignored the majority of the total rape cases in Assam or West Bengal or Kerala. Western media failed to report the millions of other cases took place in many other countries across the globe.
Nevertheless, the tougher punishments to the guilty were in demand for many years (especially after 2012 Nirbhaya case) but the complexity of social structure had crippled the governments to come with a stringent law. That, in turn, it may give an idea to perverted minds that they could escape unharmed after raping an elderly, a young girl or even a minor, but the government has already strengthened the existing law by increasing the exiting jail term from 7 years to 10 years.
The new Bill provides for time-bound investigation in cases of rape of girl children. The investigation into the rape of a child must be completed within two months. Also, the case is to be tried in a fast track court. The Bill states that an appeal against a sentence by the trial court must be disposed of within six months. Accused is not entitled to anticipatory bail, under the new law, in offences of rape of a child less than 16 years of age.
The Kathua case in J & K or Jyoti and Gita in Delhi or the latest Bihar NGO rape case has again highlighted the need for stricter punishment that can ensure women safety and especially that of children. Complex social issues have affected the most vulnerable members of the society in the worst way possible. Moreover, families' and societal inhibitive attitude and investigation methods of dealing with child sexual assaults are needed to reform.
The new Bill seeks to replace the Criminal Law (Amendment) Ordinance passed on April 21 this year.
On July 30, Minister of State for Home Affairs Kiren Rijiju, said in response to the passage of the Bill in the Lok Sabha that the POSCO (The Protection of Children from Sexual Offences) was gender-neutral while the new law is specifically girl-oriented. The Criminal Law (Amendment) Bill 2018 will amend relevant Sections of the IPC, CrPC and also POCSO Act.
Salient points in the new Bill are:
- The Criminal Law (Amendment) Bill 2018 enhances the minimum sentence for the offence of rape against girl children of all three age categories.
- If the victim is under 12 years of age, the culprit faces a minimum sentence of 20 years, up from 10 years previously. The maximum punishment is death penalty.
- In the cases of gang rape of child under 12, the minimum punishment is life sentence (earlier 20 years) while the maximum is death penalty.
- In cases of child aged between 12 and 16, the offence of rape is punishable with the minimum sentence of 20 years, up from 10 years. Maximum punishment in such cases is life imprisonment. If a girl aged between 12 and 16 is gang-raped, the convict faces minimum punishment of life sentence.
- If the victim is aged between 16 and 18, the offence of rape is punishable with a minimum punishment of 10-year jail term and maximum is life imprisonment.
- Repeat offenders will be punished with life imprisonment or death.
- New Fast Track Courts will be set up in consultation with States/UTs and High Courts.
- Special forensic kits for rape cases to all Police Stations and hospitals.
- Setting up special forensic labs in each State/UT exclusively for rape cases.
- National Crime Records Bureau will maintain a national database and profile of sexual offenders which will be regularly shared with States/UTs for tracking, monitoring and investigation, including verification of antecedents by police.
- The present scheme of One Stop Centres for assistance to the victim to be extended to all districts in the country.
However, Government alone cannot do everything as this is a social problem and entire society needs to come together to fight the issue and support the government and judiciary system to weed out this evil.
As a part of society, we need to recognize our role as an individual or parents/family members, or as an organization, do our part and some of the measures to improve the overall quality of current Indian mindset by introducing the spiritual teaching, inculcating good values at young age, and creating a support group within the community are equally important.
But, sitting on the fence to watch and criticize is not going to solve the problem in anyway. or worst is to indulge in creating false narrative to defame or denigrate will worsen the situation, and will also leave a long term negative impact in future that will hound everyone - nation, community and you...
Let's us be a responsible individual first!!!
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