| Introduction: Contextual Introduction Body: Highlight criticism against the death penalty & alternative approach to address VAWC. Conclusion: Way forward |
The death penalty in India remains a controversial issue, especially in cases of violence against women and children (VAWC). The recent Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, which introduces the death penalty for rape, highlights this ongoing debate.
Criticisms of the Death Penalty for Gender-Based Violence
- Deterrence vs. Reality: The Justice Verma Committee in 2013 explicitly argued that the death penalty does not act as a deterrent against sexual violence. In 2022, the National Crime Records Bureau (NCRB) recorded 31,516 cases of rape in India—almost four every hour—indicating that the death penalty has not curbed sexual crimes.
- Procedural Flaws and Bias: India’s criminal justice system has severe procedural flaws, which disproportionately affect marginalized communities, including Dalits and Adivasis. The biases rooted in caste, class, and religion permeate the judicial system, with a disproportionate number of death row inmates coming from marginalized backgrounds.
- Judicial Discretion and Inconsistency: The awarding of death sentences remains inconsistent across Indian courts. Studies, such as those by Project 39A, have shown a rising death row population, with 561 prisoners at the end of 2023. This trend signals an over-reliance on capital punishment without sufficient evidence of its effectiveness in reducing crimes.
- Failure to Address Root Causes: Punishment alone cannot address the structural causes of gender-based violence, which are deeply entrenched in patriarchy, misogyny, and inequality. Rape and sexual violence are more about power than sexual desire, as feminists argue.
Alternatives to the Death Penalty
- Victim-Centered Reforms: The criminal justice system needs to shift towards victim-centered reforms that prioritize the needs and dignity of survivors. This includes providing survivors with psychological, legal, and financial support, as well as ensuring their access to education and employment opportunities.
- Public Awareness and Gender Equity: Public discourse needs to move towards gender equity, focusing on dismantling patriarchal norms and toxic masculinity. Campaigns like ‘beta padhao, beti bachao’ (educate the son to protect the daughter) should challenge the perception that a woman’s honor is linked to her virginity or body.
- Judicial Reforms: There must be an emphasis on fair trials and ensuring that undertrials, who make up three-fourths of the prison population, are treated with dignity. The system needs to reform its processes, including better legal aid for the marginalized, decongesting prisons, and providing compensation for wrongful imprisonment or procedural delays.
Conclusion
The death penalty, often seen as a quick fix to rising public outrage, fails to address the systemic issues underlying gender-based violence in India. While laws like the Aparajita Bill in West Bengal reflect society’s demand for harsh punishments, they overlook the fact that capital punishment has not proven to be a deterrent. Instead, India must shift its focus towards victim-centric policies, redistributive justice, and public awareness campaigns that promote gender equality.
