Delhi gang rape case: SCBA sought intervention of CJI

Delhi gang rape case: SCBA sought intervention of CJI

As per a report in The Hindu (dated. December 22, 2012), Supreme Court Bar Association (SCBA) sought the intervention of Chief Justice of India (CJI) in initiating strong action against those involved in the Delhi rape case and to direct the police to tackle crime against women in the capital city.

In Re, the memorandum submitted at the CJI’s office and staged a demonstration on the lawns of the Supreme Court, condemning the “complete indifference” on the part of the police in tackling the crime-rate in the capital. They said no leniency should be shown to the accused involved in heinous crimes. Members of the Association unanimously demanded the amendment of Section 376 of IPC to award harshest punishment possible. Section 376 speaks about the Punishment for Rape.

Under Section 376 (2) (g); Whoever commits gang rape, shall be punished with rigorous imprisonment for a term which shall not be less than ten years but which may be for life and shall also be liable to fine: Provided that the court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term of less than ten years.

Explanation 1: Where a women’s is raped by one or more in a group of persons acting in furtherance of their common intention, each of the persons shall be deemed to have committed gang rape within the meaning of this sub- section.

Explanation 2: “women’ s or children’ s institution” means an institution, whether called and orphanage or a home for neglected women or children or a widows’ home or by any other name, which is established and maintained for the reception and care of women or children.

Explanation 3: “hospital” means the precincts of the hospital and includes the precincts of any institution for the reception and treatment of persons during convalescence or of persons requiring medical attention or rehabilitation.