NEW DELHI: Forced on the back foot by unprecedented public fury over the savage gangrape of a 23-year-old girl in a moving bus last Sunday, the government on Saturday announced its intent to immediately amend the law to provide for death penalty in "rarest of rare" rape cases.
Simultaneously, five police personnel found responsible for lapses that led to the gangrape going undetected despite the bus passing at least three check points have been suspended and a commission of inquiry is being set up to review the crime and the police response, according to home minister Sushilkumar Shinde.
"To ensure a strong law to deal with crimes of this nature, the government will take immediate steps for the amendment of the criminal law for enhanced and more effective punishment in the rarest of the rare cases of sexual assault," Shinde told a special media briefing on Saturday after police and protestors clashed through the day.
Although Shinde did not clearly commit that "enhanced punishment" meant death penalty, the proposed "rarest of rare" clause as in the case of a death sentence for murder comes in the backdrop of a deafening chorus of demands, backed by opposition BJP, for prescribing capital punishment for rape. The minister insisted the issue needs to be weighed legally.
The briefing came in the wake of sharp criticism that the government was "absent" in the face of public demonstrations and after Congress chief Sonia Gandhi spoke to Prime Minister Manmohan Singh and Shinde urging them to ensure a speedy investigation so that the guilty could be punished without delay.
Even if the law ministry eventually shies away from placing capital punishment within anti-rape laws, legal experts say there are other avenues to make the law more stringent. This may include making such "rarest of rare" rape crimes non-bailable on the lines of Unlawful Activities (Prevention) Act or providing for a life sentence that extends to the lifespan of the rapist.
Shinde said the commission of inquiry, to be set up under the Commission of Inquiry Act, 1951, will review the response to the gangrape and suggest measures to enhance the security and safety of women in the Capital. The act gives the inquiry a certain sanctity as the government is bound to present an action taken report.
Shinde, however, ruled out a special session of Parliament to legislate laws to punish rape as demanded by leader of Opposition in the Lok Sabha Sushma Swaraj.
A day after home secretary R K Singh lauded the police for having cracked the gang-rape case swiftly, Shinde announced the decision to suspend five police personnel. It is understood more action may follow as the complaint of a vendor robbed by the accused shortly before the crime was not taken seriously. Also, the account of the victim's male friend that they had been thrown out of a white bus failed to result in a quick response.
The measures were announced by Shinde on a day when spontaneous protests by thousands of youngsters at Rajpath took on a clear anti-Congress hue. This was evident as at least two anti-Congress slogans coined by the Arvind Kejriwal's Aam Aadmi Party - "Jiski Sonia mummy hai, woh sarkar nikammi hai" and "Sonia Gandhi soti hai, desh ki mahila roti hai" - figured prominently in the protests.
Through the day, the government came under fire from protestors and the media for its silence. The Prime Minister remained closeted in meetings, further enraging the agitating students. The lack of an assurance of decisive action by Shinde, Delhi chief minister Shiela Dikshit or senior home ministry officials ensured the protestors stayed put, blocking the access to VIP areas on Raisina Hill.
Sonia's intervention seeking quick action and stern punishment for the gang-rape accused and an increasingly militant sea of protestors forced the government not only to open a channel of communication with agitated students but also to announce decisive measures meeting their demands for enhanced maximum punishment.
Shinde, who also met some student leaders on Saturday evening, sought to assure the protestors that the government shared their outrage and is doing all possible to fast-track the trial. He said though the government respected their right of legitimate protest, the police had little option but to use force, though minimal, when the protestors started forcing themselves beyond the barricades.
"The government is with you and shared your outrage...We have heard and acknowledge your protests over what has happened and will do whatever is possible ... Please rest assured and return to your homes," Shinde appealed to the protestors through the media.
Govt for stricter penalty in ‘rarest of rare’ rape cases
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Govt for stricter penalty in ‘rarest of rare’ rape cases
