MP House passes bill on death for rape of girls aged up to 12

Agencies
December 5, 2017

Bhopal, Dec 5: Madhya Pradesh may soon become the first state in the country where raping a girl aged 12 years or less could invite death penalty, with the state Assembly on Monday passing a bill to this effect.

The landmark legislation, passed unanimously by the House, also provides for tougher punishment for stalking a woman and some other offences against them.

The Penal Law (Madhya Pradesh Amendment) Bill-2017, introduced by Minister for Law and Legislative Affairs Rampal Singh, was passed after a debate during which some Congress members voiced apprehension over tougher sentence for stalking, insisting cases may be registered against innocent people to settle personal scores.

The bill introduced a section--376 (A) (A)--to the Indian Penal Code (IPC) under which a person convicted of raping a girl aged 12 years or below may be awarded death penalty, life imprisonment or a minimum imprisonment of 14 years with a fine.

Similarly, section 376 (D) (A) was introduced for gang-rape with girls up to 12 years of age. The convict under this section may be awarded capital punishment, life imprisonment or a minimum of 20 years in jail, besides a fine.

Under both the sections, the convict awarded life sentence will have to remain in jail till death.

The bill also amended the IPC section 493 (A) (cohabitation caused by a man deceitfully inducing a belief of lawful marriage), under which a person could be jailed up to three years for establishing sexual relations with a woman on the pretext of marrying her.

The legislation provides for a minimum imprisonment of 3 years that may be extended up to 7 years for people caught stalking a woman or a girl for a second time and convicted for committing the offence. The amendment to section (354 D) relating to stalking says those convicted will also have to pay a minimum fine of Rs 1 lakh. The first time offender will face jail term up to 3 years in addition to fine.

Similarly, the second time offender in cases under section 354 (B) (assault or use of criminal force to woman with intent to disrobe) of the IPC would face a minimum punishment of 7 years in jail which may extend up to 10 years, besides a minimum fine of Rs 1 lakh.

For the first time offender, the punishment is between 3 and 7 years of imprisonment in addition to fine.

Except for the first time offence under section 354(D), all offences would be cognisable and non-bailable.

During the debate, some Congress MLAs, including Ramnivas Rawat and Govind Singh, voiced apprehension about possible misuse of some of the provisions. They said some women may file a stalking case to settle a personal score.

They said the perpetrators may kill the victim after raping her in an attempt to destroy evidence out of fear of severe punishment.

Chief Minister Shivraj Singh Chouhan assured the members that the government would take appropriate measures if these provisions were misused.

Chouhan said smartphones and Internet are spreading vulgarity among children.

The chief minister said girls are vulnerable to sexual assault from people known to them, with acquaintances and family members being involved in 98 per cent of the rape cases.

The bill was later passed unanimously.

It will now be sent to the President for his assent before it become a law.

"It was a historic day for Madhya Pradesh as the state Assembly, as per the wish of Chief Minister Shivraj Singh Chouhan, passed a bill making a provision to award capital punishment to those indulging in such crimes (raping girls aged 12 or below)," Singh said.

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News Network
November 14,2024

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The UN special rapporteur for Palestine has slammed Israel’s parliament for passing a law authorizing the detention of Palestinian children, who are “tormented often beyond the breaking point” in Israeli custody.

Francesca Albanese, the UN special rapporteur on the rights situation in the Occupied Palestinian Territory, in a Thursday post on X, characterized the experiences of Palestinian minors in Israeli detention as extreme and often inhumane.

The UN expert highlighted the grave impact of this policy, noting that up to 700 Palestinian minors are taken into custody each year, a practice she described as part of an unlawful occupation that views these children as potential threats.

Albanese said Palestinian minors in Israeli custody are “tormented often beyond the breaking point” and that “generations of Palestinians will carry the scars and trauma from the Israeli mass incarceration system.”

She further criticized the international community for its inaction, suggesting that ongoing diplomatic efforts, which often rely on the idea of resuming negotiations for peace, have contributed to normalizing such human rights violations against Palestinian children and the broader population.

The comments by Albanese came in response to Israel’s parliament (Knesset) passing a law on November 7 that authorizes the detention of Palestinian children under the age of 14 for “terrorism or terrorist activities.”

Under the legislation, a temporary five-year measure, once the individuals turn 14, they will be transferred to adult prison to continue serving their sentences.

Additionally, the law allows for a three-year clause that enables courts to incarcerate minors in adult prisons for up to 10 days if they are considered dangerous. Courts have the authority to extend this duration if necessary, according to the Knesset.

The legislation underscores a shift in the treatment of minors and raises alarms among human rights advocates regarding the legal and ethical ramifications of detaining children and the conditions under which they may be held.

Thousands of Palestinians, including hundreds of children and women, are currently in Israeli jails—around one-third without charge or trial. Also, an unknown number are arbitrarily held following a wave of arrests in the wake of the regime's genocidal war on Gaza.

Since the onset of the Gaza war, the Israeli regime, under the supervision of extremist minister Itamar Ben-Gvir, has turned prisons and detention centers into “death chambers,” the ministry of detainees and ex-detainees’ affairs in Gaza says.

Violence, extreme hunger, humiliation, and other forms of abuse of Palestinian prisoners have been normalized across Israel’s jail system, reports indicate.

Over 270 Palestinian minors are being detained by Israeli authorities, in violation of UN resolutions and international treaties that forbid the incarceration of children, as reported by Palestinian rights organizations.

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News Network
November 25,2024

Udupi: Six junior artists from the prequel of Kannada blockbuster film ‘Kantara’ were injured, when the bus they were travelling in overturned in the district, police said on Monday.

According to police, the accident occurred near Jadkal on Sunday night when the mini-bus carrying the crew of the film overturned.

“The incident happened while they were returning to Kollur after completing the shoot at Mudoor in Jadkal. The mini-bus was carrying 20 junior artistes when it met with the accident,” a police officer said.

The injured were rushed to hospitals in Jadkal and Kundapur for treatment, they said.

The Kollur police are investigating the matter.

"The news making rounds is completely false. The Kantara: Chapter 1 team began shooting at 06:00 AM today, and everything is proceeding as normal. A minor accident occurred 20 kilometres away from the shooting location, involving a local bus carrying some members of the Kantara team. However, no injuries were reported," a source close to the production said.

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News Network
November 13,2024

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New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

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