ARE PUNISHMENTS FOR SEX CRIMES FAIR?

INTRODUCTION

The sexual assault against twenty three year old girl Nirbhaya on December, 16 2012 shocked the whole nation. She was brutally assaulted and gang-raped in a private bus plying in Delhi. But the whole nation was busy in deciding whether the justice system should be fair towards the accused. After the news went viral people started coming together demanding for justice. Reacting to the protest all around the Government decided to setup a Judicial commission which is to be known as Justice Verma Commission which have the following main objectives,

• To discover the facts of the Nirbhaya's case and,
• To suggest selective measures to protect the women.

The Government of India also indicate that there is an opportunity to adopt death penalty. After having the intense debate on the punishment for the offences like rape, voyeurism, and assault The Criminal law (Amendment) Ordinance was accepted by the president on 02 April 2013 with having the aim to reform the punishment laws.

PUNISHMENT FOR SEXUAL OFFENCES IN INDIA

The Ordinance passed in 2013 aims at increasing the punishment for the rapists from 7 years of imprisonment to imprisonment for life. However, many public organisations and politicians urged for the harsher punishment like chemical castration. This Ordinance covers various offences against women such stalking, sexual assault and voyeurism etc.

Sexual assault is the term which is issued for all sexual offences which includes the following,

• Penetration with the penis in anus, urethra or mouth.
• Penetration with an object or by any body part other than penis in vagina, anus, urethra or mouth
• Penetration by manipulating any part of the body
• Sexual touch
• Cunalingus and fellans

Punishment for the sexual offences are classified into various categories as per Section 376 of Indian Penal Code as follows,

Life Imprisonment without parole and capital punishment

SEXUAL OFFENCES AND DEATH PENALTY

Death penalty for the sexual offences has always been a topic in debate, many people supports while other oppose it. Basically, death penalty is a legal process in which a person is hanged to death by the state as a punishment of such crime committed by him. But in India its validity is always questioned, Since the early days, Rape was regarded as the most heinous crime worse than the death, it not only harm the chastity of the women but also act against the exclusive ownership of the husband on their wife. But Nowadays Capital punishment is awarded in rarest of the rare offences.

However, people thinks that death penalty neither deter people nor an ethical a t against humanity. Also the Fundamental right to life of Indian Constitution provides that, even a state don’t have the right to take someone’s life irrespective of the person or his act.

If the death penalty becomes mandatory for the sexual offences then it will become difficult to the women to even register their case because as  per the report of National Crime Record Bureau almost 95% of the offenders are known to victims either they are their neighbours , friends, relatives or any other person in possession of power.

There are few cases in which the Hon’ble court has sentenced the offenders to death as, In the case of Laxman Naik v. State of Orissa a seven year old girl was sexually assaulted by her uncle, knowing the brutality of the offence and murder the  court has sentenced the convict with death. Similarly in the case of Nirbhaya, all the four convicts were sentenced to death after 7 years of struggling finally justice delivered and now her soul rest in peace.

CONCLUSION

According to the reforms in the laws relating sexual offences in April 2018, if a person rapes a woman under the age of twelve would be held liable for the capital punishment. But what about woman of other age groups does raping them do not amount to rape, there is no difference whether she is  12 year old girl or above. The punishment should be equal for everyone. Even a rapist who is minor was not treated same as other rapist. As in the Nirbhaya’s case other then the 4 convicts one is minor and was not treated same as other convicts.

In my opinion having different set of laws for a minor rapist is not right, the court should provide the minor with same punishment as other offenders. So that no person would be able to commit such crime in future.

Committing rape is the most heinous crime. It not only harm a woman physically but also harm her mentally and ruin her whole life. Hence, sexual offenders should be awarded with death penalty so that it can set an example and prevent these crimes.

[The author, Amisha Jain is a 3rd year law student at Teerthanker Mahaveer University, Moradabad (U.P)]

• (1994) 3 SCC 381
• www.indiatoday.in
• www.Legalservicesindia.com
• Gill & Harrison - Sentencing Sex Offenders in India: Retributive Justice versus Sex-Offender Treatment Programmes and Restorative Justice Approaches
• Indian Penal Code 20th first Edition by S.N. Mishra