The mother of the victim (Nirbhaya) of the Delhi rape case of 2012 has slammed Rajasthan’s chief minister Ashok Gehlot for blaming the fear of capital punishment for the increase in incidents of murder of rape victims. She also said that justice was done in the Nirbhaya case because of the Bharatiya Janata Party’s government in the centre. While criticizing the mentality of Ashok Gehlot, she said that had there been a Congress government in the centre, she would not get justice.
While speaking to the Republic World, Nirbhaya’s mother said, “This is a very shameful statement. And it is a very sad thing that he is the chief minister of a state and making such statements at this age. I don’t know how these people become a minister. All I would say is that he should free all the rapists at least in his state and include them in his party and build a vote bank out of them. Because there are so many girls and women in the country who are struggling and are not getting any justice. Minor girls are raped and killed. And at that time he is saying that capital punishment causes an increase in the number of murder incidents. What does it mean? Does he mean that let the girls be raped and killed? And what about the culprits? They should be spared? I think he wants to say that, a rapist should be set free.”
She further said, “I consider myself lucky that the current government helped us. I thank this government from the bottom of my heart because we got justice in their tenure. Looking at the statement given by this leader, I don’t think we would get any justice had there been a Congress government in the centre. He should apologize to all the women in the country.”
On the other hand, Ashok Gehlot has continued to be firm on what he has said. He reiterated his statement on 7th August 2022 that capital punishment for rape is the reason for increasing crimes of rape with murder. He said, “I only said the truth. Whenever a rapist rapes a child, they then kill them for the fear of being identified & then taking action against them. So many deaths have never happened before.”
Delhi | I only said the truth. Whenever a rapist rapes a child, they then kill them for the fear of being identified & then taken action against. So many deaths have never happened before: Rajasthan CM Ashok Gehlot https://t.co/rpTpWUXWLt pic.twitter.com/9GNSKwZEMC
— ANI (@ANI) August 7, 2022
On Friday (August 5), Rajasthan Chief Minister Ashok Gehlot courted controversy after he blamed the Centre for increased murders following rapes in the country. He made the contentious remarks during a press conference. The Congress leader claimed that the Union government had passed a law, making it mandatory to award the death penalty to all rape convicts after the Nirbhaya case.
However, there is no law that makes the death penalty mandatory for all convicts of rape. Following the Kathua and Unnao rape case, the Modi government passed the Criminal Law (Amendment) Act of 2018 [pdf]. The Centre had then amended the Indian Penal Code of 1860 and the Prevention of Child Sexual Offences Act of 2012 to introduce harsher punishments for the rape convicts. One of the major highlights of the legislation was the increase of minimum punishment for rape from 7 years to 10 years. The law was made even stricter for the rape and gang rape of minor children. For instance, the punishment for rape of a girl below the age of 16 years is punishable by a minimum sentence of 20 years or a life sentence.
Death sentence has been introduced only for rape of minors below the age of 12 years, and for repeat offenders. But it is not the only punishment in such cases, death penalty has been prescribed jail sentence up to life imprisonment, and the courts decide the extent of punishment in such cases.
