Every now and then we hear news about alleged rape of a minor girl and it feels distressing. There is intense debate on the quantum of punishment to be given to child rapists. This dialogue has been triggered by two judicial verdicts one in our country and the other in United States. Both the judgments take a rather lenient view of criminals involved in such dreadful crimes. The US Supreme Court has in a majority decision ruled out death sentence for people convicted of raping a child. It has observed: “The death penalty is not a proportional punishment for the rape of a child. The death penalty should not be expanded to instances where the victim’s life is not taken.” This judgment does not, however, apply to certain misdeeds like treason and espionage in which there may have been no assassination. It needs to be mentioned that there has been no execution in the US for a crime that did not involve the death of the victim in 44 years. During the last two decades it has outlawed capital punishment for rape of adult women and to juveniles and mentally retarded individuals.

An act of child rape is a gruesome and abhorring act. It leaves a permanent scar on the personality of the child, inhibiting growth and development. It instills fear, insecurity however the goal and purpose of sentence is not only a deterrent but also correctional and reformative. It argues for consideration of several factors including the rape victim’s marriage or rehabilitation and social backwardness of the accused as pivotal while deciding on the punishment for a person convicted of child rape. In any case in our country there is no provision for death for child rapists. The sentence may vary from a minimum of 10 years to life imprisonment for the rape of a child less than 12 years. The critics point out that a child rapist’s act is of lust and power where he takes on the most vulnerable person which is a child. It is relevant that the Supreme Court had at one time reversed a High Court order reducing the sentence of a person to three years from 10 years for raping a minor girl. In its view, the High Court had shown leniency after learning that the convict was a young person and the sole bread-earner of the family of his wife and two kids who had grown up and needed his supervision.

The apex court had then noted: “The measure of punishment in a case of rape cannot depend upon the social status of the victim or the accused. It must depend upon the conduct of the accused, the state and the age of the victim and the gravity of criminal act. Crimes of violence upon women need to be dealt with an iron hand. The socio-economic status, religion, race, caste or creed of the accused or the victim is irrelevant considerations in sentencing policy.” It expected the courts to hear the loud cry for justice by society in cases of rape of innocent helpless tender girls and respond by imposition of proper sentence. There can be a case for giving an earring human being a second chance to improve himself. What can’t be denied at the same time is that rape is a monstrous act, and child rape is even worse.