After MP, Rajasthan, Haryana Passes Bill Awarding Death Penalty to Convicts in Rape Cases of Girls Below 12 Years Age

With this, Haryana has become the third state in the country after Madhya Pradesh and Rajasthan approving death sentence for those convicted of such rapes.

Chandigarh, Mar 15: The Haryana Legislative Assembly on Thursday passed the bill advocating capital punishment for rape of children below 12 years of age. The Bill was passed unanimously with INLD and Congress members also lending their support.

With this, Haryana has become the third state in the country after Madhya Pradesh and Rajasthan approving death sentence for those convicted of such rapes .

The Criminal Law (Haryana Amendment) Bill, 2018, moved by the state’s Parliamentary Affairs Minister Ram Bilas Sharma, was passed on the last day of the budget session.

A few Congress members put forth some suggestions, with senior leader Kiran Choudhary suggesting death penalty and harsher provisions for all rapists irrespective of the age of victims.

“After Section 376-A of the Penal Code, the following Section shall be inserted, namely 376-AA,” the Bill stated.

Under section 376-AA, in case of rape of a girl up to 12 years of age, there will be a punishment of death or rigorous imprisonment of not less than 14 years which may extend to imprisonment for life that is for remainder period of persons natural life, according to the legislation.

A provision 376-DA has also been added after section 376-D of the penal code.

Under section–376-DA, if a girl upto 12 years of age is raped by one or more persons constituting a group, each of those persons shall be deemed to have committed the offence of rape and will be punished with death or rigorous imprisonment for a term which will not be less than 20 years, but which may extend to life along with a fine.

The Bill also provides for making the existing criminal laws related to other sexual offences more stringent.

The punishment under section 354 of the IPC (Assault or criminal force against woman with intent to outrage her modesty) will not be less than two years (earlier not less than one year) but may extend up to seven years (earlier up to five years).

Also, under section 354D (2) of the IPC, those found guilty of stalking will be punished on first conviction with imprisonment up to three years and can be punished on a second or subsequent conviction, with imprisonment for not less than three years, but which may extend to seven years (earlier up to five years).

The new additions also include provisions of fining the convict and any such fine will be paid to the victim.

Chief Minister Manohar Lal Khattar, during his speech in the House, expressed anguish over recent incidents of rape in the state, which he said had happened in the past as well.

Earlier on March 9, the Rajasthan Assembly passed a bill approving death penalty to those convicted of raping or gang-raping a girl upto 12 years of age.

The state government aimed to introduce the bill noting the cases of rape and gang-rape of young girls. Accordingly, sections 376-AA and 376-DD were added in the Indian Penal Code, 1860.

The Madhya Pradesh Assembly too had unanimously approved a bill to award death sentence to those convicted of raping girls aged 12 and below. The bill was brought for discussion in the Cabinet following a recent announcement by Madhya Pradesh Chief Minister Shivraj Singh Chouhan that laws will be strengthened to protect girls.

(Inputs from PTI)