In the wake of heinous sexual crimes, the demand for
harsher punishments—especially the death penalty—has become almost reflexive.
Governments, pressured by public outrage, often respond by passing ordinances
or amending laws. The 2013 amendments to India’s criminal laws after the brutal
Delhi rape, and the recent passage of the Aparajita Women and Child (West
Bengal Criminal Laws Amendment) Bill, 2024, by the West Bengal government
following the rape and murder of a doctor in Kolkata, underscore this trend.
The Bill introduces the death penalty or life-long imprisonment for several
forms of rape, but this reactive approach is based on flawed assumptions about
its deterrent effect.
The call for the death penalty assumes that harsher
punishments will prevent sexual crimes. However, in a country where conviction
rates for rape hover around 30%, this assumption falters. The punishment stage
only comes into play after the accused is convicted, but with low conviction
rates, many perpetrators never face punishment. The root problem lies in the
inefficiency of the criminal justice system, not in the severity of the
sentence.
Criminologists argue that it is the certainty of
punishment, not its severity, that deters crime. India's criminal justice
system faces significant challenges, including ineffective investigations,
overburdened courts, and lack of prosecutorial capacity. These structural
issues impede the delivery of justice. Simply increasing the severity of
punishments, without addressing these systemic problems, offers little more
than a political solution to a complex issue.
Evidence also shows that the death penalty does not act
as an effective deterrent. The Justice J.S. Verma Committee, established after
the 2012 Delhi rape, explicitly advised against the death penalty for rape,
even in extreme cases. The committee argued that it would be a regressive step
and would not contribute to the reformation of offenders or reduce crime.
Nevertheless, calls for harsher penalties persist, often ignoring the societal
and structural factors that contribute to such crimes.
Chief Minister Mamata Banerjee acknowledged that “rape is
a curse against humanity” and emphasized the need for social reform. Yet, her
government’s reliance on the death penalty, rather than focusing on societal
change, highlights a failure to address the root causes of violence against
women. Rape is deeply entrenched in patriarchal structures that can only be
dismantled through education, gender sensitivity, and ensuring women’s safety
in all spaces.
Ultimately, the death penalty is a distraction from the
real issues. To protect women, governments must focus on reforming the criminal
justice system, ensuring timely investigations, and creating safe environments.
Justice will be better served by addressing these systemic issues rather than
resorting to severe punishments that fail to address the underlying problem.
