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This is the first time that the apex court has distinguished between minors and children below 10 years of age.
Noting that rape and sexual offences against infants and girl children below 10 years of age is nothing but “brutal perversion”, the Supreme Court on Monday asked Parliament to enact a separate offence of ‘child rape’ and provide rigorous punishment to offenders.
This is the first time that the apex court has distinguished between minors and children below 10 years of age. The Bench, led by Justice Dipak Misra, said Parliament has to separately define the word ‘child’ in terms of rape.
“The pain and distress caused to a child, including infants as young as 28 days old, who knows nothing about sex and rape is nothing but brutal perversion. When a society moves this way, it has to be stopped,” Justice Misra dictated in a written order.
It said Section 376 (i) of the Indian Penal Code only talks of “woman below 16 years of age” and has no specific provision for girl children below 10 years of age and infants.
Attorney General Mukul Rohatgi said child rape can never be tolerated and agreed to highlight the court’s order to the Government for putting it up before the lawmakers for an appropriate legislation.
This has to be remedied by amending the Indian Penal Code, the apex court said.
From: The Hindu