In response to public outrage against a spate of reported rapes of children, the government has now brought in an ordinance that imposes death to anyone convicted of raping a girl below 11. Why I think this ordinance won’t work, and what I think will.
The remarkable fact about recent Indian law-making, particularly when it comes to crimes against women, is that it seems to be based entirely on public emotion.
Public anger against the gang-rape of a physiotherapy student in December 2012 led to tough new amendments to the law against sexual violence.
It was public anger again – media folklore had it that the juvenile rapist in that crime was the ‘most violent’ — that led to the lowering of the age of delinquency from 18 to 16. What if the rapist is aged 14, asked one MP, Anu Agha. Notwithstanding that objection, Parliament voted to reduce the age in line with public opinion.