Shivraj Singh Chouhan, the chief minister of Madhya Pradesh, wants death as punishment to rapists. This extreme sentiment felt 8 months ago by Mr Chouhan has now taken civic action. According to National Crime Records Bureau (NCRB) in 2016 Madhya Pradesh recorded the highest number of rape cases in the country. In the past two months there has been a sharp increase in rape crimes, and on this Sunday the Madhya Pradesh state cabinet passed a proposal for amendment of the Indian Penal Code (IPC) for harsher punishments for rape, molestation, stalking, and sexual harassment. The proposal has approved the appeal for death penalty of raping a girl child 12 years old or younger, and for convicts convicted of gang rape. There is also an amendment in the IPC to increase fine and punishment for rape convicts.

After the Cabinet meeting Finance Minister of MP Jayant Malaiya stated that there should be provisions for harsher punishment under IPC sections 376 (rape) and 493 (cohabitation caused by a man deceitfully inducing a belief of lawful marriage). “The recommendation is to impose a fine of Rs 1 lakh for such crimes in addition to harsher punishment for stalking, harassment, rape, and capital punishment for those convicted of rape and gang rape of children aged 12 years and below,” Malaiya said. “For this, the proposal is to add a subsection 376A IPC and 376D (gang rape) IPC. Punishment should be increased under section 493A also.”

Even though Madhya Pradesh might have passed the amendment for this bill the result may not be predictable as it will have to be passed by both houses of Parliament due to the request of capital punishment. A proposal for amendment of these two sections will be presented in the assembly during the winter session. After it is passed in the House, it will be sent to the President for assent.

After the infamously heinous Nirbhaya rape case public demand was to make it safer for women to leave her household without fear for her life or integrity. Another demand was to have stricter and swifter punishable action against criminals, and for more effective criminal proceedings in court. It was during that time that Indian nationals and eminent politicians demanded capital punishment for rapists, Mr Chouhan is one of them. Yet Madhya Pradesh has decided to approve the amendment after the state had come under criticism over rape incidents. The greatest trigger being when a 19 year old UPSC aspirant was raped when returning home from coaching. Her FIR registration was delayed and it led to the suspension of some police officers. In 2014 MP reported 5,076 rape cases, which was 14 percent of the total rape incidents reported in the country.

Yet the proposal has narrowed down to specifics, it will be applicable to a child under the age of 12 and the child should be a girl. The biggest flaw with this amendment is that the rape or molestation of boys is not taken into account. Amod Kanth, former police officer and founder of NGO Prayas said, “When we conducted a national study on child abuse in 2007, along with the Ministry of Women and Child Development, we found that there were as many male victims of child abuse as female.” It is time to forget about gender when it comes to rape, justice for everybody should be on an equal basis irrespective of their differences.