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Capital Punishment( Death Penalty) in Case of Child rape (POCSO)


Death penalty for Child Rape ( POCSO)



Death Penalty in case of child rape under the age of 12 is the latest initiative by Indian government. Law ministry has approved a proposal from the Ministry of Women and Child Development(MoWCD) to amend the Protection of Children from Sexual Offences ( PoCSO) Act,2012. The change in the law will only become permanent once it is approved by Indian parliament.

In this proposal, stringent punishment has been provided with minimum jail term being 20 years which may be go up to life in prison or death sentence which will be decided in court.

Time limit for investigation of all cases of rape has to be mandatorily competed within 2 months. It has also been prescribed that no anticipatory bail will be granted to the accused of rape of a girl child under the age of 16 years. Dedicated man power will be provided in these cases for investigation.  

This initiative of death penalty has been greatly welcomed by Indian society because rape cases in India has been increased a lot in recent times. Though there are some others who put forward some arguments against it. Why only for the victims below the age of 12? A rape is a rape. So this law should be enforced for all the rape cases. The reason may be misjudgment.

In the year 2016, more than 60000 cases of child rapes have been filed but surprisingly only 3% of the accused has been convicted. So, implementation of law is more important rather than making it. It has also been found in a study that in 94 % of the rape cases in India the accused are either close relative of family members or acquaintances.

Some people also think that capital punishment is not the solution but a kind of vengeance. There is no place of death penalty in this modern world because no judicial system in this world is perfect and error free. So there may be cases of wrong judgment and innocent people may be hanged to death.

 There is a lot of arguments for and against the law, but as a society India can grow only if the mentality of the peoples changes.





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