The Delhi assembly on Tuesday unanimously passed a resolution demanding amendments to the existing law to award death penalty to those convicted of rape of children under 12. The House also resolved to make stalking a non-bailable offence.
— AAP (@AamAadmiParty) March 27, 2018
To do this, the Delhi government would have to draft a criminal law amendment Bill, get it cleared by the cabinet and then the assembly. Given the brute majority AAP enjoys in the House, it should be passed easily. But the challenge lies in the fact that Delhi isn’t a full state. So, any amendment would have to be vetted by the LG and the ministry of home affairs. The approval of LG and MHA would be necessary to amend provisions in the Indian Penal Code and Protection of Children from Sexual Offences Act to make them applicable to Delhi.
The resolution brought by AAP MLA from Greater Kailash, Saurabh Bharadwaj, states that the Delhi government should immediately introduce suitable legislation to amend the Indian Penal Code and the Criminal Procedure Code. It was passed by voice vote.
Delhi Home Minister Satyendar Jain said in the Assembly that the government would present a bill seeking the required amendments, and it would then be sent to the Centre.
In recent months, Rajasthan, Madhya Pradesh and Haryana have introduced laws to award death penalty for rape of girls below 12 years of age.