Delhi HC raises concerns over Centre’s Death Penalty Ordinance

With the country shaken and outraged by multiple incidents of rape, the Delhi High Court today raised some serious questions as to how the Central government reached a conclusion that death penalty for rape of children below 12 years of age would put an end to the abominable trend..On Saturday, the Centre cleared the Criminal Law (Amendment) Ordinance, 2018 to amend the existing laws, thereby allowing courts to award the death penalty for rape of children below the age of 12..The Ordinance will seek to amend the Indian Penal Code (IPC), the Indian Evidence Act, the Code of Criminal Procedure (CrPC) and the Protection of Children from Sexual Offences (POCSO) Act..The Division Bench of Acting Chief Justice Gita Mittal and Justice C Hari Shankar today questioned the government while hearing an old public interest litigation filed by activist Madhu Kishwar challenging the constitutional validity of the amendments made to Sections 375 [Rape] and 376 [Punishment for Rape] of the IPC..The Bench inquired as to whether the government had done any research or statistical/scientific analysis before deciding to amend the laws. The judges were also concerned about the ramifications of the amendment, observing that the predators would want to kill the victim to destroy all evidence..The Bench also queried the government about educating people and tackling the root cause of the problem, especially when juveniles are seen to be perpetrating a majority of such heinous crimes..The matter will next be heard on September 10.