Following reports of ongoing plans by the Union Women and Child Development Ministry to bring in an Ordinance proposing death penalty for those convicted of raping girls below 12 years of age, Delhi Commission for Women (DCW) chairperson Swati Maliwal says her recent hunger strike was not an attempt to take credit. Refuting arguments against capital punishment, she said those against death penalty for the accused should take into account the plight of eight-month-olds who are raped
Your demand for capital punishment for those convicted of raping minors is a long-standing one. How is death penalty a deterrent, especially when the question of human rights also comes into play?
I stand by my demand for death penalty. I believe if something as grievous as the rape of a child has happened, then stringent punishment is required as a form of deterrence. Everyone has a right to their own view.
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Why should only the accused have human rights? Did the eight-month-old and the one-year-old rape victims not have human rights? Deterrence can be created only by stricter punishment and swift action. That is why our entire focus is on getting cases closed within six months
On what basis do you think capital punishment will help reduce crimes against women and children?
I would like to base my judgement on common sense and what is felt by the rest of the country. In the present scenario, despite the Protection of Children from Sexual Offences [POCSO] Act, which clearly states that life imprisonment will be awarded within a year, conviction rates are really low.
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The accused are able to get away because the law is not in place. That should not happen. We need to have a stringent measure [in place], at least for a while. Maybe, if things are better 10 years down the line, it can be reconsidered.
The Centre introduced the Ordinance while you were on hunger strike demanding capital punishment. There were reports that the Women and Child Development Ministry was already in the process of amending present laws.
We are not here to take credit for what has happened. However, there was complete silence from the Centre over the Unnao and Kathua rape incidents. Despite the DCW being a statutory body, none of the letters sent to the Prime Minister have received a response.
The Ordinance was passed after 10 days of our movement, which is why I broke the fast. The Cabinet note clearly states that it was under “exceptional” conditions that the Ordinance was passed. Even after that if someone says that the amendment was already under way, very well. We simply wanted an Ordinance and now we have one.
Laws have been introduced in the past as well but how will you ensure that this Ordinance gets implemented?
That is why we have been demanding fast track courts and increased police resources. The Cabinet note assures us that both the things will be implemented within three months.
How will you enforce the law if there are no fast track courts and police resources? If the promise is not kept, we will launch the movement on a larger scale.
I urge the Prime Minister to focus on the plight of the little girls and not give us a chance to restart the movement.
I have asked the Prime Minister to set up State-level task forces as well. We need to collectivise and display public anger so that there is adequate pressure on the government to get the resources. Else, this will be another law on paper.
The entire country, including political parties, need to fight to ensure the law is implemented in letter and spirit.