The MP state cabinet has passed a bill that seeks to hang those convicted of raping children aged 12 years or younger, following a call by Chief minister Shivraj Singh Chouhan eight months ago to send rapists to death.
The state council of ministers passed the proposal which seeks to amend the Indian Penal Code (IPC) to add provisions that will specify much more stringent punishment for crimes such as molestation, rape, stalking and sexual harassment.
The legal measure comes after the state has seen a number of sexual crimes being reported across MP, including cases of rape of minors.
State finance minister Jayant Malaiya briefed reporters after the cabinet passed the proposal earlier this week stating that the legislation will seek to include harsher punishment under two IPC sections namely IPC 376(rape) and IPC 493 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage).
Malaiya stated that the recommendation was to impose a fine of Rs. 1 lakh for such crimes and also introduce harsher penalties for cases of harassment, stalking and rape.
Also recommended was capital punishment for those who are convicted of rape and gang rape of children of the age 12 years and below. Malaiya said that two subsections will be added to achieve this – 376A IPC and 376D (gang rape) IPC. Additionally punishment may also be increased under section 493A .
Conversion to Law Still A Long Way Away
According to legal experts, turning the new proposal into law is still a long way away. As the proposal includes the death penalty it will need to be passed in both houses of the Parliament.
The proposal seeking these changes is expected to be tabled in the Parliament’s winter session which starts this week.
Malaiya said that once passed in the House, it will go to the President for his approval, adding that Madhya Pradesh government was the first state to initiate legal measures for stricter punishment in crimes against women.
Congress Questioning Motives Of Government
Opposition party Congress has however questioned the government’s motives.
Leader of Opposition Ajay Singh pointed out that the BJP government was currently under “tremendous pressure with rapes and gang-rapes being reported every day”.
He alleged that this legislation was the only way for the government to “stop the Opposition from raising the issue of crimes against women.” He further stated that it allowed the government to have “an excuse that they are initiating steps for tougher laws against such crimes”.
Singh highlighted that there was no way a state government or assembly could amend provisions of the IPC. He noted CM Chouhan had asked for a special session of Parliament to develop harsher laws against rape in 2012 after the Nirbhaya rape and murder case, but despite the BJP being in power at the Center today, it was the state cabinet that was passing a resolution.
Singh pointed out that if CM Chouhan was serious he would pressurize the central government to pass the laws in Parliament.
According to Singh, three years ago the state government had passed a similar bill with harsher law to protect farmers against private money lenders. The bill was initiated when farmers were committing suicides due to loan burdens, and was sent to the President for his approval but nothing has been heard of bill since then. He alleged that the current proposal would “proposal will have the same fate.”
