The Delhi High Court has asked the central government whether it had done scientific assessments before bringing an ordinance to provide punishment for the death penalty to girls of less than 12 years of age.
The High Court, while hearing an old PIL, questioned this. This PIL filed by social worker Madhoo Kishwar has been challenged to criminal law of 2013 (amendment).
The provision of the discretionary authority of the court to eliminate punishments of rape in criminal law (amendment) and punish less than seven years and less punishment was abolished.
The Central Government has to answer the question of the High Court till September.
The question arises in such cases whether the High Court can reject the order of rape against girls?
The question arises as to whether the new Ordinance of the Central Government will get justice from the Kadua rape victim?
According to PDT Acharya, the information expert of the Constitution and former Lok Sabha Secretary General, before answering this question, it is important to know before that what is the ordinance?
What is the ordinance?
PDT Acharya says, “Ordinance is a law created for a short period of time, as every law can be challenged in court, in the same way ordinance can also be challenged.”
The court reserves the right to dismiss any ordinance, but there is a lengthy legal process for this.
In the court, the government has to prove the reason for bringing an ordinance.
According to them, in this case because Parliament’s session is not going on, in such a situation, the government can firmly tell the party to bring its ordinance firmly.
Court can dismiss the Ordinance
But as far as the high court’s question on the Ordinance is concerned, PDT Acharya says, “The government must keep the right logic for it.” If the court does not agree with the government’s stand and the court feels that If a constitutional right is being violated, then in such a situation, he can dismiss the Ordinance issued by the Central Government. ”
PDT Acharya points out, “It becomes a law after the President is signed on the Ordinance, from that day till the beginning of the next parliament session, the ordinance remains valid for six weeks, if the government wants to make a law on the related issue. Or he may extend his term again before the ordinance lapses. ”
So can a new ordinance get justice for the Kadua rape victim?
In response, PDT Acharya says, “The Poxo law does not apply in Jammu and Kashmir, so if the government wants this law to be implemented in Jammu and Kashmir, then the Jammu and Kashmir government has to pass the Ordinance in its Legislative Assembly. ”
Government’s argument behind the Ordinance?
Prior to this initiative of the central government, four states have sent the death sentence to the convicted rapists and passed them to the President.
It includes Arunachal Pradesh, Haryana, Rajasthan and Madhya Pradesh.
Apart from this, the State Governments of Delhi, Uttar Pradesh and Jammu & Kashmir had also demanded the law to make a law in this regard.
But the government did not have any dialogue with the concerned parties before bringing this Ordinance.
Due to this, different organizations working on the rights of women and children also on Monday opposed the government’s decision.
His main objections were:
Pre-existing Poxo law is sufficient, it is necessary to follow the law correctly.
It will have a bad effect on the victims. After the law is enforced, the raping person will think of ending the child.
A study was also cited against the government’s decision. Five years ago the Poxo Act was made for children. According to the study, despite of Poxo, about 89 percent cases of sexual violence related to children are pending, only 28 percent cases can be proved in the case.
On this basis, he urged the government to reconsider the Ordinance.
According to the new Ordinance of the Central Government:
• Minimum punishment of rape with woman has been increased from 7 years to ten years rigorous imprisonment. There is also a provision to convert it into life imprisonment.
• The minimum punishment for raping a girl till the age of 16 has been increased from 10 years to 20 years rigorous imprisonment. It can also be extended to life imprisonment.
• Proposal for life imprisonment is proposed in all cases of gang rape with a child upto 16 years of age.
• In the case of a girl rape of upto 12 years, at least 20 years of imprisonment or life imprisonment or death sentence has been proposed.
• Provision of life imprisonment or death sentence has been added in case of gang rape with a child upto 12 years.
• In addition, in the case of any kind of rape, a proposal to complete the investigation in a time-bound manner has been given in the ordinance. It has to complete the investigation within 2 months, the trial in 2 months and the settlement of appeals within 6 months has been stated.
• According to the Ordinance, there will be no provision for interim bail for the convict of any rap in case of rape or gang rape of a girl under 16 years of age.
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