Supreme Court Examines Life Imprisonment Clause in Section 376DB of IPC for Gang-Rape of Minors
Section 376DB of the Indian Penal Code (IPC) currently mandates a life sentence for the entirety of one’s natural life, without the possibility of remission, as the minimum punishment for those convicted of gang-raping girls under twelve years of age.
In a recent hearing, a bench comprising Justices Abhay S Oka and Pankaj Mithal indicated that if a Constitutional court were to allow remission in contravention of this law, it would essentially be
“doing violence”
to the statute’s text.
The Court was deliberating on a plea that questioned the Constitutional validity of Section 376DB of the IPC, specifically the part that dictates life imprisonment for the entire natural life of the convict as the minimum sentence. The petitioner, currently serving a life sentence without the possibility of remission, has challenged this provision.
This particular provision was incorporated in the aftermath of the infamous Nirbhaya case. The petitioner contends that it violates Articles 14 and 21 of the Constitution, arguing that it completely eliminates any chance of an individual’s reformation. Drawing from previous cases, the petitioner highlighted instances where individuals convicted of raping a minor had their death sentences commuted to life imprisonment spanning 20, 25, or even 30 years. The plea further stated that if a life sentence is meant to last until the convict’s death, it could extend to 40 or even 50 years, a duration they argue is grossly disproportionate to the crime committed.
During the hearing on Tuesday, Attorney General (AG) R Venkataramani, representing the Central government, brought to the Court’s attention that a new penal code is currently under discussion in the parliament. He suggested that deliberations on this matter be postponed until the new code is finalized.
This case underscores the ongoing debate on the balance between punitive measures and the potential for reformation, especially in heinous crimes such as gang-rape of minors.
