Ministry of Home Affairs has filed a petition to the Supreme Court regarding shortcomings in the rape law in the country. Centre took this decision after delay in the judgment of Nirbhaya Case.
Crux of the Matter
After the 2012 Nirbhaya case, there had been modifications in law and order pertaining to rape and sexual assault. Fast track courts were opened across the country to deliver speedy justice.
But the skewness of the law towards convicts in cases of death penalty has resulted in unnecessary delay in judgments.
Central Government wrote an application to the Supreme Court seeking changes in the ‘convict-centric’ guidelines. Center wants to bring in a seven-day time limit for convicts to use their last available legal options before execution in the death penalty cases.
The government also stressed upon reduction of time limit to seven-days to file a mercy petition by death row convicts. To eradicate delays, the government wants state-governments and jail officials to issue a new death warrant within seven days instead of fourteen days, after the rejection of mercy petition.
One of the convicts had filed a mercy petition after the announcement of first death warrant and said that he was a juvenile at the time of committing the heinous crime. It was rejected by SC saying that “we won’t listen to same thing again and again”.
After 7 years of wait, the Nirbhaya case closed with the judgment of the death penalty to be given to 4 convicts on 1st February.
Delhi, the center of Indian politics has given this case a shape of the political subject, as BJP accused AAP of prolonged delay in the judgment of heinous rape case of 2012.
Curiopedia
Fast track Courts – As a result of the 2012 Delhi gang rape case, the Indian government implemented a fast-track court system to rapidly prosecute rape cases. The fast-track court system has been welcomed by some, but their fairness questioned by legal experts and scholars. The legal scholars state that the fast-track courts may not be fair in an impoverished country where millions of cases are backlogged, and there are an average of just 14 judges per million people – among the lowest in a United Nations study of 65 nations. Fast track courts divert limited judicial resources and add delays to prosecution of other crimes. They noted that Delhi state had instituted five fast-track courts in 2013 to handle rape cases, but there are no fast-track courts for murder. Mrinal Satish, of New Delhi’s National Law University said, “there is a risk that in this emotional response and clamor for immediate justice, we could end up putting innocent people in prison”. More Info
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