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Capital Punishment
Context:
The death penalty in India repeatedly resurfaces, but ensuring safety for women and children is a complex issue that requires more than punitive measures.
The Continuing Distribution of the Death Penalty in India
- Aparajita Woman and Child Bill, 2024: West Bengal passed a bill introducing the death penalty for rape following the brutal rape and murder of a doctor in Kolkata.
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- Amends the Bharatiya Nyaya Sanhita, 2023, and other laws.
- Awaiting the President’s approval after State Governor’s critique.
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- National Crime Records:
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- 2022: India recorded 31,516 rapes, 248 murder-rape cases, with Rajasthan, UP, and MP leading in rape cases.
- Public demand for death penalty spikes post brutal cases, framing offenders as societal outcasts.
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Global Death Penalty Data:
Amnesty International 2023 Report: 144 countries abolished the death penalty in law or practice, while 55 retained it.
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- India remains a retentionist, with 120 death sentences in 2023, down from 167 in 2022.
- 561 individuals were on death row by the end of 2023, marking a rise since 2019 (378 individuals).
Criticism of Death Penalty in India:
- Justice Verma Committee (2013): Recommended against the death penalty for rape, stating it doesn’t deter sexual crimes.
- Union Cabinet did not adopt these recommendations.
- Prisoner Conditions: Death row inmates face overcrowded prisons, harsh conditions, and lack of mental health support, especially those from marginalised communities.
Societal Response to Violence Against Women and Children (VAWC):
- Cultural Context: Public outcry for capital punishment often invokes societal honour, ignoring victims’ autonomy.
- Everyday VAWC normalised, with patriarchal views fueling a culture of public flogging and violence against women.
- Judicial Trends: Death penalty sentences for sexual crimes, especially murder, remain frequent.
- Sessions courts often award capital punishment for crimes involving sexual violence.
Reform Recommendations and Jurisprudence:
- Law Commission’s 262nd Report (2015): Recommended abolishing the death penalty for all crimes except terrorism-related offences.
- Urged police reforms, victim compensation schemes, and witness protection.
- Bharatiya Nyaya Sanhita (BNS): Increased capital punishment offences from 12 to 18.
- Parliamentary committee did not recommend abolishing the death penalty, leaving it to the government’s discretion.
Moving Toward Abolition:
- Feminist Abolitionist Movements: Advocate for dismantling carceral politics around sexual violence.
- Stress the need for structural reforms addressing social inequalities like land redistribution, public education, and healthcare access.
- Victim-Centric Reforms: Focus on victim support, including education, employment, and dignity restoration.
- Propose initiatives like “beti padhao, beti bachao” to address patriarchal norms.
- Need for Evidence-Based Policymaking: Advocates emphasise the need for research-based policies and public judicial awareness to challenge the belief that the death penalty deters crime.
