The cry for the death penalty in response
to heinous sexual crimes has become a knee-jerk reaction in India, with
governments often caving to public outcry by amending laws to impose harsher
punishments. This trend is evident in the recent passage of The Aparajita Women
and Child (West Bengal Criminal Laws Amendment) Bill, 2024, in response to the
brutal rape and murder of a doctor in Kolkata. The bill introduces the death
penalty for various forms of sexual assault, including gang rape, rape by
public servants, and repeat offenders. While the instinct to demand harsh
justice is understandable, especially in a country grappling with rampant
sexual violence, it is worth asking: does the death penalty address the root
causes of the problem, or is it merely a band-aid solution to a deeper societal
wound?
There is little empirical evidence to
suggest that the death penalty acts as a deterrent to sexual crimes. Studies
show that nations or regions with capital punishment do not necessarily
experience lower rates of violent crime. Yet, after every shocking case of
rape, there is a clamour for more severe punishments, and political leaders are
quick to respond with legal amendments. It seems that the focus is often on
placating public anger rather than addressing the systemic issues that allow
such crimes to proliferate in the first place.
This reliance on punitive measures rather
than preventive ones exposes a lack of political will to confront the real
issues. The Justice J.S. Verma Committee, formed after the horrific 2012 Delhi
gang rape, refrained from recommending the death penalty for rape, emphasizing
instead the need for societal reforms and better implementation of existing
laws. Its members argued that focusing on death as a punishment would be a
regressive step, diverting attention from the more pressing need for justice
through reform and rehabilitation.
In fact, despite the introduction of the
death penalty for certain cases of rape after 2018, women in India do not feel
significantly safer. This is largely because laws alone cannot change the
misogyny ingrained in Indian society. The introduction of capital punishment
might even backfire by pushing offenders to murder their victims to avoid
identification. Furthermore, India’s judicial system is plagued by delays and
inefficiencies, especially in cases involving sexual violence. Even if
fast-track courts are established, the question remains: will they operate
fairly and effectively?
The root cause of sexual violence is a
culture that tolerates or even encourages the subjugation of women. To truly
protect women and children, the government must focus on creating safe
spaces—at home, in workplaces, and on the streets—through better policing,
gender-sensitive education, and economic empowerment. Women’s safety cannot be
reduced to a matter of passing ordinances and harsher laws; it requires a
fundamental change in how society views and treats women.