The Supreme Court (SC) on 11 January 2016 suggested the Parliament to enact a separate law to deal with child rape cases. The suggestion was given by a bench headed by Justice Dipak Misra after hearing a writ petition filed by the Supreme Court Women Lawyers Association (SCWLA).
The SCWLA, in its petition, appealed the court to include castration as an additional punishment for those who commit child rape.
Though the court abstained from directing castration as a punishment, as it is the ambit of the legislature, it suggested for a separate law to award more severe punishment in child rape cases.
Further, the directive of the SC was also the first to make a distinction between infants and children below 10 and the general description of “minors”.
At present, Section 376 (2) (f) of the Indian Penal Code (IPC) mentions rape of a woman below 12 years of age and has no specific mention of punishment for raping a girl below 10 and infants.
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