- Supreme Court said- Nirbhaya case shook the conscience of the country, delay in action and decision caused anxiety and unrest among the people
- ‘In order to fully implement the provisions of rape law, information and situation have to be studied together’.
In order to evaluate the country’s criminal justice system in the case of sexual offenses and rape, the Supreme Court has issued a notice to the Center, State Governments and Union Territories seeking answers. The court has taken suo motu cognizance of the matter. On Wednesday, the court also asked all the High Courts of the country to give details of the investigation, the process of gathering evidence and the facts related to the hearing of the case.
Chief Justice SA Bobde on Wednesday asked the Central Government to file their reply on the issue through the Home Secretary. At the same time, the state governments and union territories will file replies through their chief secretaries. After this, the court fixed the next hearing of the case on 7 February 2020. Everyone has to file their reply by this date.
Advocate Siddharth Luthra appointed as Nyaya Mitra
Supreme Court said- Nirbhaya case shook the conscience of the country. Delay in action and decision in such cases caused anxiety and unrest in the minds of the people, this is why people agitate. The court said that in order to fully implement the provisions of the law in the event of rape, the available information and situation have to be studied together. The court appointed senior advocate Siddharth Luthra as ‘amicus curiae’ or amicus curiae to assist in the case.
Misdemeanors should not get mercy plea: President
On 6 December, President Ram Nath Kovind said in Jodhpur in Rajasthan that women’s safety is a serious issue. Under the Pocso Act (sexual offenses with minors), the offenders should not have the right to file mercy petitions. Parliament should review the matter.
The amendment to the Pocso Act was approved by the President in April.
In April, the President approved the ordinance bringing amendments to the Pocso Act. According to this, there is a provision of even death sentence for those who raped children below 12 years. The minimum punishment for raping a girl under 16 has also been increased from 10 to 20 years. The convict may also face life imprisonment. The ordinance also provides that a person who rapes a child below the age of 12 years shall be given a minimum of 20 years in prison or life imprisonment or death sentence.