Govt mulls treating rape cases on par with murder

MUMBAI: While opposing a blanket death penalty for all rape convicts, the state administration is of the view that the more heinous cases should be treated on par with murder offences. The state's law and judiciary department is pushing for life sentences or even the death penalty for heinous rape cases. The department wants other rape cases to be treated on par with attempted murder cases.

The department's views come at a time when the state is planning to amend laws governing sexual crimes against women in such a way that the amended laws act as deterrents. Last week, the state government already decided that it would amend laws governing sexual crimes against women, which includes making sexual harassment and molestation non-bailable.

The Indian Penal Code (IPC) categorizes rape offences in two categories. It advocates a higher punishment for the rapes of minors and pregnant women, gang rapes and for cases in which public servants, police, jail officials and hospital staffers are accused of rape. Such cases are categorized under Section 376(2) of the IPC and invite a sentence of 10 years to life. Due to the ghastly nature of such crimes, and to create a deterrent, a proposal to introduce the death penalty in such cases in now under consideration, senior state officials revealed.

In other rape cases -- those that fall under Section 376(1) of the IPC -- the law and judiciary department wants the minimum sentence increased from seven years to 10 years. The administration is also pushing for amendments to ensure that anticipatory bail and regular bail are denied in heinous rape cases; they would be given in only exceptionalcircumstances.

The government is also pushing for new riders in the law that allows commutation or remission of sentences. Current IPC laws permit a prisoner serving a life sentence to be released after 14 years of imprisonment. The department is of the view that a new clause should be introduced to make the judiciary's assent necessary before such remission is given. It is also of the view that the commutation of a sentence should take into account the previous antecedents of the accused, his/her age and his behaviour as a prisoner.