THE CRIMINAL LAW (AMENDMENT) ACT, 2018 – AN AFFECTIVE “OR” EFFECTIVE MOVE?

Abstract

This paper gives an analytical view of recently passed The Criminal Law (Amendment) Act, 2018, which allows for death penalty as a maximum punishment to the culprits of raping girls below the age of twelve. This article comments upon the provision of death penalty looking at the various effects and consequences it leads to, in the Indian law enforcement system. This article tries to critically analyze the amendment. It further goes on to specifically investigate death penalty from the view point of the culprit as well as the victim and her family. The article brings out the various human right issues attached with the concept of death penalty and analyses whether death penalty is consistent with the modern criminal system or not. It also considers the importance to make this act gender neutral. It culminates with a conclusion that the provision of death penalty in the cases of girl child rape was passed majorly to appeal to the emotions of the outraging public ignoring the essential consideration of the present law enforcement system of India, the various obstructions before the victim and her family in reporting the case, and the human right violation of the culprit. This paper is an attempt to cater to the research gap created with the coming of the said act into force.