Government clears death for rape-murder

The Union Cabinet has cleared an ordinance for tougher anti-rape laws and recommended death penalty or imprisonment for the remainder of a convict's life in extreme cases such as aggravated sex crimes leading to death or a persistent vegetative state for the victim.

Reports has replaced the word "rape" by the term "sexual assault" and acid attacks, use of criminal force and stalking have been included under that.  The government though has omitted a recommendation made by the Justice Verma panel that sexual assault in a marriage also be included in the definition of rape.

The ordinance provides for a new crime of gangrape, which will be punishable with a minimum prison term of 20 years provided it is proved that more than one person was involved in the crime.  Anyone convicted for throwing acid will be jailed for a minimum of 10 years that may extend to life imprisonment and a fine of Rs 10 lakh.  A man who rapes his estranged wife during separation can be jailed for seven years while those convicted for the new crimes of stalking, voyeurism and intentionally touching a girl or woman with sexual intent will get a minimum jail term of one year. 

The ordinance also provides for an amendment in the Indian Penal Code to define trafficking, which will be punishable with a jail term of no less than seven years and may extend to life imprisonment. Employment of trafficked persons will also be a penal crime now. 

Public servants who knowingly don't act to prevent rape or refuse to take cognisance of a rape case will be jailed for between one and five years. The ordinance also says that a rape victim's moral character can't be questioned during trial. 

However, the government has not accepted the Verma panel recommendation about paying compensation to victims of sexual assault. It has also not accepted the panel's suggestion to keep rape gender-specific to women. Further the cabinet has also rejected the doing away with the provision for obtaining sanction for prosecuting a police or armed forces personnel in areas where the Armed Forces Special Powers Act (AFSPA) is in force in cases of sexual crimes. The government has also rejected the proposal that sought to fix criminal responsibility on the leader of a force for a sexual crime committed by a subordinate. 

The ordinance must now be promulgated by the President.