A High Powered Committee was set up to examine the issues relating to review of Rape Laws, under the Chairmanship of Union Home Secretary. The Committee has formulated the draft “Criminal Law(Amendment) Bill, 2010”, incorporating the points agreed at the meetings of the High Powered Committee. The said draft Bill is attached below. Comments/suggestions of the public were invited on the draft Bill by 15th May, 2010; which may be sent to Shri K.C. Jain, Joint Secretary(C&PG), Ministry of Home Affairs, North Block, New Delhi-110 001, by post or at the firstname.lastname@example.org
After having studied the proposed amendments in the rape laws i can safely conclude that they are insufficient and the loopholes in the Indian Penal Code shall continue to be exploited by the Rapists..For instance why isnt there a death sentence for rape.I believe a rapist has no right to live as he is a danger to the society and can't be reformed..
It has recently been witnessed that courts hesitate in awarding death sentence even in the most brutal and shocking rape and murder cases...The government should enact laws that act as a atrict detterent.
I can understand your anquish. But imposing the punishment of death sentence in rape cases go totally against the safety of rape victim. For the rape, if the punishment is death and for murder also the punishment is death, then the accused after committing rape would certainly kill his victim for the reason that the punishment is the same in both cases. It may also be seen that in India in most of the cases, the rape victims are below the age of 10 and feeble in person and they can be easily killed after the offence. It is also important to note that the rape offender is oftent well known to the victim and most of the times is a near relative or neighbour. If the punishment is death, as he can be easily identified, he would certainly kill the victim. Hence, keeping in view of the safety of the rape victim, I suggest that the punishment part should not be changed. But I insist that the punishment must be not less than 7 years even in exceptional cases, such as the victim later on married the convict etc. etc. There should be no exceptions or no discretionary power vested with judiciary as far as punishment part is concerned.
Have we failed as a civilized society in implementing the rule of law? Look around and you will find that there is a de jure govt but non-functional.
We have to be irrationally rational. Why can't flogging be introduced for s*x related crimes? Let us hear from learned friends about the kind of punishment awarded by Vikramaditya and Jehangir for various crimes?
Yet after 60 years of independence our law Commission is not competent enough to give its own recommendations..as we have drafted our constitution by the method of CUT/COPY/PASTE..from various other constitutions in the same way this recommendation is copy paste from Canadian Criminal Law and Wesaustralian penal code..
so it can be done by even a 1st year law student or a laymen who have just some knowledege of law..
Then why so hefty amount is being spent by our country on such commissions who are incompetent to even give there words or even to write in there own langauage which they are copying...
i would jus like to say even copying needs brain bt what to say of our commission...