Plea For Stringent Bail Provisions, Reverse Onus, Death Sentence For Rape: Supreme Court Asks Govt. To Consider

The Supreme Court, on Wednesday, refused to entertain a writ petition seeking a direction to the Government to bring certain reforms and amendments in the law to make it stringent and deterrent in cases of rape with grievous injury, gang rape and rape/gang-rape with murder.

While disposing the writ petition filed by Advocate Kirti Ahuja and others, the Court, however, granted them liberty to make a representation to the Ministry of Home Affairs, Ministry of Law and Justice and Ministry of Women and Child Development regarding the issues and said that it 'hopes and trusts that they shall consider the same and take appropriate action on that'.

"We appreciate the efforts made by the petitioners-in-person but do not think it proper to give any direction to the Government to legislate", the bench comprising Justices NV Ramana, Surya Kant and Aniruddha Bose.

According to the petitioners, the amendment should make stringent provisions of bail for such accused as are in the case of offences under special Enactments like POCSO, PMLA and NDPS. They also submitted that the rape victims shall be given the right to appoint lawyer of their choice having all powers like that of a defence lawyer by making amendment in Section 301 Cr.P.C.

Other suggestions are: Bringing separate legislation like that of POCSO to deal with cases of rape with grievous injury, gang rape and rape/gang-rape with death;  making and implementing the provision of Fast Track Court for such cases not only at the Trial level but also at Appellate Stage and to implement the Amendment made in Section 173 and 309 Cr.P.C. in 2018 in its right perspective; changing the provision of right to appeal of accused in such heinous cases, by giving them only one opportunity of right to Appeal either in High Court or in Supreme Court; bringing the provision of reverse onus on the accused in such rape cases as it is in cases of POCSO under Section 29 and 30 of the Act; Making stringent provisions for punishment to police officials for intentionally making lapses in investigation by not following the law in such cases;

The petitioners also sought for issuance of strict guidelines and directions for proper implementation of the existing rape-laws including the proposed suggestions along with strict action to be taken nonimplementation of such ; for proper implementation of guidelines already issued by the Supreme Court in regard to protection of identity of rape victims along with making people aware about the guidelines of this Court as well as Section 228A IPC by way of Advertisements and Disclaimers.

They also sought a direction to Government  to introduce a compulsory subject on Gender Sensitization, moral and sex education in curriculum of school. 

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