The provision which was introduced in response to the infamous Nirbhaya case, has been challenged as violative of Articles 14 and 21 of the Constitution since it takes away all possibilities of reformation of an individual.
By citing past cases, the petitioner has argued that in many cases where a person has been convicted of raping a minor girl, courts have commuted their death sentence to life imprisonment which runs to 20, 25 or 30 years.
However, if the life sentence has to be till the person dies, the said imprisonment may be even 40 years or 50 years which is totally disproportionate to the offence committed, the plea said.
The plea contended that the provision is “manifestly arbitrary” as under Section 376AB of IPC when a person is convicted of raping a minor under 12, the minimum life sentence awarded is of 20 years. However, the plea pointed out that just because it is gang rape, the term of imprisonment could be 40 or 50 years.
Source: Barandbench
