The continuing distribution of the death penalty
Context
The article- “The continuing distribution of the death penalty”, focuses on the reintroduction of the death penalty in India. The article also discuses the effectiveness of the death penalty in preventing crime and the need for deeper reforms to address the root causes of such crimes.
Relevance:
GS-02 (Indian Polity)
Dimensions of the Article
- What is a Death Penalty?
- Rationale Behind Giving Death Penalties
- Concerns with the Death Penalty
What is a Death Penalty?
- The death penalty is a form of capital punishment where a person is sentenced to death by the state as a punishment for the crime that he/she committed.
- In India, the death penalty is retained for certain serious crimes like murder and rape.
- According to Amnesty International, many countries have either completely eliminated or trying to stop its use of practice.
- Global Data: By the end of 2023, 112 countries had abolished the death penalty for all crimes, and 144 countries had abolished it in law or practice.
- 55 countries, including India has still retained the practice.
- In 2023, India alone recorded 120 death sentences, though no executions took place that year.
- Countries that has abolished: South Asia, Bhutan and Nepal.
Rationale Behind Giving Death Penalties
- Death penalty is believed to be a way of delivering speedy and effective justice against brutal crimes like rape and murder and also to serve a message that such heinous acts will not be tolerated.
- After the brutal rape and murder of a doctor in West Bengal, the introduction of Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, which aims to bring in death penalty for rape cases, it was evident that it is also a societal belief that crimes like rape and murder need the harshest punishment possible.
- However, the efficiency of death penalty serving its intended purpose of deterring crime is a question mark. Because, according to National Crime Records Bureau (NCRB),2022 data, India reported over 31,500 cases of rape which also involves murder.
- Despite the existence of the death penalty for such crimes, the rate of sexual violence continues to remain high, especially in states like Rajasthan, Uttar Pradesh, and Madhya Pradesh.
Concerns with the Death Penalty
- Deterrence and Effectiveness: Research and data shows that death penalty may not be as effective as it is believed to be. The Justice Verma Committee recommended against the death penalty for crimes like gang rape, arguing that it does not serve as a sufficient deterrent. Moreover, the death penalty does not address the root causes of violence, such as power dynamics, patriarchy, and gender discrimination.
- Prison Conditions: Indian prisons today face an issue of overcrowding. Many death row prisoners who have to live in such conditions, develop psychological and physical health problems. It is argued that mostly the marginalized communities who often lack resources to fight their cases are the main sufferers.
- Public Sentiment vs. Justice: The call for death penalty is mostly rooted in the idea of avenging a crime than preventing future crimes, which leads to hasty legal decisions being taken without considering alternative forms of justice, such as rehabilitation and restorative justice.
Way forward:
- Victim-Centric Reforms: The system should focus on the well-being of survivors or victims of sexual violence. Priority should be given for their access to education, employment, and psychological support for the future. The families (especially minor siblings) should also be supported to ensure that they have the resources to continue their lives with dignity.
- Addressing Root Causes: Instead of focusing only on punishment, it is the duty of the government and the society to address the underlying causes of violence against women and children. Issues like gender inequality, patriarchy, and other economic and social conditions that disproportionately affect marginalized communities must be addressed.
- Abolishing the Death Penalty: As advocated by many human rights activists, they believe that life imprisonment without parole, along with better prison conditions, can be a more humane alternative for such criminals. Furthermore, an abolitionist feminist movement should push for societal changes that address the structural factors that perpetuate VAWC.
- Improving Legal and Institutional Mechanisms: The criminal justice system must be polished in areas like introducing better training for police, prosecutors, and judges. The legal processes must be made more transparent, and there should be greater accountability to prevent misuse of the law and wrongful convictions.
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