Why there should be capital punishment for such aforementioned acts?
‘Rape’ like the ‘Delhi Gang rape’ should be considered as a case of rarest of the rare one and death penalty should be awarded irrespective of the age of the offenders to send the message of deterrence in the society, and to let prevail the humanity on justified, balanced, and dignified grounds.
The intricacies of this type of case clearly displays the barbaric act, where the age of the convict was subservient to his criminal convictions and complex but firm criminal mind which is evident and hence cannot be declined.
Any type of mercy with the offenders of rapes will defeat the cause of Constitution, IPC, and humanity above all, so to achieve the goal of justice, the convicts should be punished with capital punishment, since the acts by them cannot be rehabilitated, because the very nature shows the hardcore and intense barbaric, cruel and inhuman attributes of human, which in no world shall be considered humane..
Although the SC has turn down a batch of PILs filed in the apex court pleading that the Act should be amended and a minor, involved in heinous crimes, should not be protected under the law, the SC has turn down stating there is no such scope in the law, it was decided in July, 2013 by the then CJI, Altamas Kabir.
This is however not acceptable because the judiciary is the guardian of Constitution, if certain provision is not there in an Act, the judiciary has the rights to go beyond it and pass an order against that provision , regarding it as unconstitutional in nature and shall be struck down.
Now with the demand for JJA to be amended shall be rightfully considered in legislation, because it cannot be set to oblivion that ‘Laws are meant for the people and not that the people are meant for the laws.’ With the upsurge to amend the law, certainly a legislation shall be passed considering the urge of time and circumstances.
“Leniency in any form of shape with the satanic convicts of rape is sinful.”