Issues with the death sentence in India

Source: The post issues with the death sentence in India has been created, based on the article “The continuing distribution of the death penalty” published in “The Hindu” on 18th September is 2024

UPSC Syllabus Topic: GS Paper 2 – Governance – Criminal Justice System in India

Context: The article discusses the death penalty in India, particularly in cases of sexual violence against women and children. It questions its effectiveness, highlighting societal, legal, and systemic issues. It suggests focusing on victim-centered reforms, education, and addressing underlying causes of violence.

For detailed information on death penalty in India read Article 1, Article 2

What is the recent law passed in West Bengal?

1. West Bengal passed the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024. It introduces the death penalty for rape.
2. This law was made after the brutal rape and murder of a doctor in Kolkata. The bill seeks to amend the Bharatiya Nyaya Sanhita, Bharatiya Nagarik Suraksha Sanhita, and the Protection of Children from Sexual Offences Act.
3. The West Bengal Assembly passed it unanimously, but the State Governor referred it to the President of India.

What is the current situation of rape cases in India?

1. In 2022, India recorded 31,516 rapes, averaging nearly four every hour, according to the National Crime Records Bureau.
2. Rajasthan had the highest number of rape cases with 5,399, followed by Uttar Pradesh (3,690) and Madhya Pradesh (3,029).
3. There were also 248 cases of murder linked to rape or gang rape.

What is the global situation regarding the death penalty?

1. By the end of 2023, 144 countries had abolished the death penalty in law or practice.
2. 112 countries have completely abolished the death penalty for all crimes.
3. However, 55 countries still retain the death penalty in law and practice.
4. In South Asia, Bhutan and Nepal have abolished the death penalty, while the Maldives and Sri Lanka are abolitionists in practice.
5. India, along with Afghanistan, Bangladesh, and Pakistan, still retains it.
6. In 2023, India recorded 120 death sentences, though no executions took place, and 561 individuals were on death row.

What are the issues with the death sentence in India?

1. Many prisoners on death row in India face long delays, poor prison conditions, and mental health issues.
2. Most death row prisoners are from marginalized communities, and some even commit suicide due to harsh conditions.

How does society react to sexual violence?

1. Society often reacts to sexual violence with anger, grief, and shock, leading to calls for the death penalty.
2. Many label rapists as monsters (“rakshas,” “haivaan,” “wehshi darinda”), creating an “othering” that separates them from society.
3. The public focuses on family, community, and national honor rather than the victim’s autonomy.
4. Daily violence against women, both in public spaces and within homes, often goes overlooked and is met with political and legal tolerance.
5. There is a troubling trend of people searching online for videos of the victims, indicating a voyeuristic and sensationalist approach to such incidents.

What Should be Done?

1. Instead of focusing on harsh punishments, India should address the root causes of violence against women and children.
2. There should be reforms in the criminal justice system, including support for rape survivors and their families.
3. Education and public awareness about gender equality are important.
4. Need for an abolitionist feminist movement to reject the death penalty and promote structural changes in society, such as better education and healthcare.

Question for practice:

Examine the effectiveness of the death penalty in addressing sexual violence in India, considering societal, legal, and systemic issues.