Implementation of rape laws need evaluation: Activists

Discarding demands for death penalty to rapists, a wide section of women and child rights activists today called for bridging gaps in implementation of the existing penal laws instead to curb the heinous offence.

The statement came days after Women and Child Development Minister Maneka Gandhi said her ministry was contemplating amending the Protection of Children from Sexual Offences Act (POCSO) to provide for death penalty in rape cases involving victims younger than 12 years.

"With neither administrative will nor accountability enforced by the statutory bodies mandated to do so, we find that the duty bearers, including the police, are guilty of acts of both omission and commission," said the activists, including lawyers and various civil society groups, in their joint statement.

"It is in this context of weak accountability and clear unwillingness on the part of authorities to provide adequate resource to agencies.... that the argument often made at the highest levels of society and government for rapists to be given capital punishment sounds hollow," they said.

"We do not support the call for the death penalty. Instead, we need an urgent evaluation of where the gaps lie in the implementation of the Criminal (Amendment) Law, 2013 and POCSO, 2012," the joint statement released today by 136 different groups and individuals said.

They said it was time to ask the 'powers that be" if they sincerely believed enough was being done to prevent crimes such as the Unnao and Kathua rape cases.

Expressing shock and concern over the two incidents in Uttar Pradesh and J&K, the statement added, "While each of us is filled with distress and shame, we feel the time has come for us to ask all the powers that be if they believe enough is being done to prevent such dastardly acts on the most vulnerable and hapless categories of the population."
Referring to the Kathua rape case victim's comments, the activists said her statements was a "poignant and heart-wrenching" testimony of total betrayal to society as a whole "by those obligated to protect and nurture young lives."
The statement condemned what it called the "widespread impunity" and "contempt and arrogance shown by those in power to the rule of law who lacked accountability towards the people whom they are supposed to serve."