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Context
The anger is justified, but not the proposal to grant capital punishment for rape of minors
What has happened?
Union Minister for Women and Child Development Maneka Gandhi has said her ministry will seek an amendment to the Protection of Children from Sexual Offences Act, 2012, to provide for death as the maximum punishment for the rape of those below 12
JS Verma committee decided against death penalty
- In its January 2013 report, the committee, headed by former Chief Justice of India J.S. Verma, decided against recommending the death penalty for rape, despite demands
- It rightly took into account the possibility of awarding life sentences without remission for aggravated sexual assault, as well as “the current thinking in favour of the abolition of the death penalty”
- However, the Criminal Law (Amendment) Act, 2013, set the death penalty for rape in the event of it causing the victim’s death or a persistent vegetative state, and for repeat offenders.
Reasons against death penalty
- A vengeful state response to individual brutality, even if outraged public opinion clamoured for it is not justified
- Death penalty has never been a deterrent against any sort of crime
- It is difficult to operate the ‘rarest of rare cases’ principle without a hint of arbitrariness.
- It will be especially wrong to force judges to compare the relative ‘merits’ of rape victims based on their age and choose between death sentence and life.
Conclusion
Lengthy prison sentences, constituting both well-deserved consequences for grave crimes and a life-long opportunity for penitence, will adequately meet the ends of justice.
