 A very good afternoon, ladies and gentlemen. In recent times, some horrific incidents of sexual violence against children came to light. Kathua, Unao, Surat, Tripura, the list is endless. Though a senior minister made a cynical remark, what hype in one or two instances of rape in a vast country like India, every right-thinking citizen is concerned about this unabated violence against children and women. Instead of addressing the root cause of violence and taking steps to strengthen our criminal justice system, the government has chosen to impose death penalty in cases of rape or gang rape of children below 12 years. In our view, ladies and gentlemen, this is a populist measure which is fraught with danger and will be counterproductive. The remedy offered appears to be based on wrong diagnosis. Not only is the enhancement of the punishment including death penalty futile, but will have disastrous consequences for children. Let me just give some background about the existing law and give you reasons why this ordinance which proposes death penalty in cases of gang rape or rape in case of children below 12 years is going to be very harmful for the children of this country. See, under the existing law, that is, Bokso, section 5M, read with section 6, a penetrative sexual assault on child below 12 years, I mean, invite a minimum punishment of 10 years and it can extend up to life imprisonment. Same under section 2, 37621, rape on a woman under 16 is punishable with minimum term of rigorous imprisonment for 10 years, which can extend up to life imprisonment. Now, there have been studies carried by Center for Child and the Law. That is, Bangalore based organization, the National Law School of India University, that is NSLAIU, Mr. Anu Suryadranath, they conducted research in five states and what they found is the judges hardly invoke the provision for imposing maximum penalty. There is a very small percentage of cases of conviction where the maximum penalty is invoked is mostly the minimum penalty is given and the judges complain that there is no discretion given to them for reducing or variation, varying the sentence. Now, we therefore believe that the punishment for offenses under section 376 or under Bokso is proportionate. I am talking only about the children below 12 years and does not require any enhancement. But the other aspect is far more important and that is death penalty fails to consider nature of child sexual abuse and endangers children. Imposition of death penalty is not antidote for child sexual abuse and neither does it ameliorate the situation of the victim, survivor of rape. In a situation where child sexual abuse is under reported and most perpetrators are known to children, it will only prove more disastrous. Now look at the figures as per Crime in India 2016, 94.6% of those who have committed rape, penetrative sexual assault and aggravated sexual assault were known to the victim. So, in every 9 out of 10 cases, the perpetrator is known to the victim. When the accused is a person known to the victim, the child is often pressurized into turning hostile to save the known perpetrator. Such pressure upon the child will increase manifold if death penalty is imposed as punishment for rape. This study conducted by CCL and NCIU have revealed that a high percentage of children in all states turned hostile when the accused was child's father, the stepfather, brother or related to the child. Consequently, the conviction in these types of cases and particularly where the children below 12 are involved is exceedingly low. Mostly there is a pressure for settle or compromise the dispute and that comes from the family members of your community. Now, there is also study by Huck and that study shows that again that shows that almost 82.5% cases the accused's offender was known to the child and so the acquittal and mostly the child's witness turned hostile and ultimately the cases in acquittal. You will be surprised to know the figures of the conviction rate in under Poxo. You see, pendency is very high, 89.6% of the cases are pending. So Poxo that the level of disposal is very low and you will be surprised to know that the conviction rate is as low as 24%. And in some states, it is lower than that. For example, there is 16.8%, Assam is 24%, Maharashtra is only 19% and 4.54% in some three districts. 11% in Andhra are very weak reports about the conviction. So when the law commission made a report on the death penalty, that's not the issue today because that's not we are not addressing generally about that penalty. So the one thing which was brought to the notice of the government that focusing in focusing on death penalty as the ultimate measure of justice to victims. The restorative and rehabilitative aspects of justice are lost sight of. Reliance of the death penalty diver's attention from other problems ailing the criminal justice system such as poor investigation, crime prevention and rights of victims of crime, I'll come to it. But this was a report of the law commission and which is not, I mean I don't see any change in the way the criminal justice system is working today. Now if you see that you must have heard about the Delhi High Court initiative where special courtrooms are provided, child friendly courtrooms are introduced. So a central level model victim and witness protection scheme, I mean that kind of legislation was expected from the centre. Nothing happened. I mean we don't have any such legislation. The way the trials are conducted is really is sometimes it is really very disturbing. Generally what happens is that the children are exposed to the perpetrators. There are obviously very aggressive cross examination. Judges are unable to control the very aggressive lawyers and there are believe me there are no special courts. The special courts is only a some court which is also taking routine matters is called a special court. There are no special public prosecutors. There is no training for special public prosecutors. No training for judges. So we have no support systems. How a child would go to the court and depose before a judge if there is no support system? I mean has the government thought about all these feelings of the system? The other aspects which are also should be considered is the compensation. How much compensation is paid? I mean I heard about some ridiculous figures which are reported by about the Madhya Pradesh state. I mean so compensation system rehabilitation these are all they all remain in paper and there is no really any steps taken to reform the system to standard the system. So in such circumstances you fall back upon the I mean the resort to a populist major of imposing a death penalty in such cases is really is very worrisome. I mean is by appeal to the all parliamentarians all MPs that please reconsider this. Please reject this law. I mean this is going to cause considerable harm to this to children of this country. Consider their position a girl child or and the today you will be after me you will be hearing testimonies of the parents. What happens to a child victim when he or she is taken to the court? Now you hear those parents and you decide whether this this this is I fear that this is more of a political decision than the decision which is really which can be said to be a step to to to to find this menace of the of sexual violence against children. Thank you.