
LAHORE: After a series of gang-rape incidents across India, President Pranab Mukherjee has approved an ordinance on sexual assault, which has the provision of death penalty for cases of rape that lead to the victim’s death or push her into a persistent vegetative state. The ordinance seeks to treat such cases as a crime belonging to the ‘rarest-of-rare’ category, for which courts can award death punishment if they so decide. For such cases, the ordinance proposes a minimum sentence of 20 years, which can be extended to imprisonment until the natural life of the convict, or death. The amended law will now treat voyeurism, stalking, disrobing of women and acid attacks as offences under the Indian Penal Code. The change will raise eve-teasing from being considered a minor offence to a serious crime attracting enhanced punishment.
Of late, there had been critical debate in the Western media questioning the fairness of awarding death penalty to a rapist, calling it cruel and against human rights. But given the intensity of this crime, the same human rights activists have now come to the conclusion that even one count of the capital punishment is not enough in some cases. Unfortunately, in Pakistan, for the last five years, there have been no executions despite courts awarding death sentences. Hundreds of criminals have not been hanged, including those involved in acts of terrorism. The Pakistani parliament should approve a law, emulating the Indian amendment in its penal laws so that women can be protected.
Marya Mufty
Published in The Express Tribune, February 7th, 2013.