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Capital Punishment as a Deterrent to Rape: An Analysis, Study Guides, Projects, Research of Criminal Law

The effectiveness of capital punishment as a deterrent to rape in india, using the examples of kerala, uttar pradesh, and other states with high rape rates. The document also discusses the legal and ethical implications of capital punishment and suggests alternative solutions to address the issue of rape. Written by amritha k.h., class 3/4, roll no. 8.

What you will learn

  • Does capital punishment act as a deterrent to rape in India?
  • What alternative solutions can be implemented to address the issue of rape in India?
  • What are the legal and ethical implications of awarding capital punishment for rape in India?

Typology: Study Guides, Projects, Research

2018/2019

Uploaded on 03/21/2022

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Is death sentence an act which can deter rape cases?
With another rape case reported recently, India has become infamous for the
atrocities against women. The Walayar case which became a blot on Kerala’s
image and the Hathras gangrape in Uttar Pradesh has shaken the nation again
and the people have taken to the streets shouting slogans for the victims. The
Courts and the government had cited these incidents as shocking and horrible
whereas the political parties extended their condolences and support to the
mourning families. A question that needs to be addressed is, what can be done
to bring down or stop these heinous crimes? Is awarding of capital punishment
to the rapists a solution?
The National Crime Records Bureau (NCRB) has released the Crime in India
2019 report in which it is visible that there has been an increase in the atrocities
against women by over 7.3% and the rape cases reported so far have crossed
7%. Rajasthan ranks the highest, 15.9% (per lakh population), Kerala occupies
the second place with 11.1%, followed by Haryana with 10.9%. When it comes
to the rape cases under POCSO Act, Uttar Pradesh has reported 7,444 cases,
Maharashtra 6,402 cases and Madhya Pradesh 6,053 cases. This is enough proof
to show that even with the amendments in law to protect women and children,
there hasn’t been any considerable change to this grave situation.
In Saudi Arabia, Bangladesh and Cuba death penalty is awarded to the
rapist.Section 376 of Pakistan Penal Code, punishes a person with life
imprisonment or death penalty for the offence of commission of rape. But the
focal point here is whether these punishments have deterred the acts of similar
crimes in these countries, NO.
After the Kathua Case in Jan 2018, where an 8-year old girl was abducted and
raped, the Government made stringent laws under POCSO Act, awarding death
sentence to those who raped a girl child below 12 years and increased the term
of imprisonment to 20 years in other rape cases. The first person to be hanged
was Dhananjoy Chatterjee who was alleged to have raped a 15-year-old girl. In
another case, the accused who was the uncle of the victim was awarded capital
punishment. India also witnessed the execution of four convicts of Nirbhaya
gangrape in March 2020. Still, what is the result, the similar wicked crimes
continue unabated. In a way, the judiciary that has reinforced the faith of people
in delivering justice, in some instances, had to compromise on capital
punishment due to lack of evidence and statement of approver.
Emotionally speaking, a person who tortures a woman to quench his lust must
be given a capital punishment. But by meticulously scrutinising and analysing
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Is death sentence an act which can deter rape cases? With another rape case reported recently, India has become infamous for the atrocities against women. The Walayar case which became a blot on Kerala’s image and the Hathras gangrape in Uttar Pradesh has shaken the nation again and the people have taken to the streets shouting slogans for the victims. The Courts and the government had cited these incidents as shocking and horrible whereas the political parties extended their condolences and support to the mourning families. A question that needs to be addressed is, what can be done to bring down or stop these heinous crimes? Is awarding of capital punishment to the rapists a solution? The National Crime Records Bureau (NCRB) has released the Crime in India 2019 report in which it is visible that there has been an increase in the atrocities against women by over 7.3% and the rape cases reported so far have crossed 7%. Rajasthan ranks the highest, 15.9% (per lakh population), Kerala occupies the second place with 11.1%, followed by Haryana with 10.9%. When it comes to the rape cases under POCSO Act, Uttar Pradesh has reported 7,444 cases, Maharashtra 6,402 cases and Madhya Pradesh 6,053 cases. This is enough proof to show that even with the amendments in law to protect women and children, there hasn’t been any considerable change to this grave situation. In Saudi Arabia, Bangladesh and Cuba death penalty is awarded to the rapist.Section 376 of Pakistan Penal Code, punishes a person with life imprisonment or death penalty for the offence of commission of rape. But the focal point here is whether these punishments have deterred the acts of similar crimes in these countries, NO. After the Kathua Case in Jan 2018, where an 8-year old girl was abducted and raped, the Government made stringent laws under POCSO Act, awarding death sentence to those who raped a girl child below 12 years and increased the term of imprisonment to 20 years in other rape cases. The first person to be hanged was Dhananjoy Chatterjee who was alleged to have raped a 15-year-old girl. In another case, the accused who was the uncle of the victim was awarded capital punishment. India also witnessed the execution of four convicts of Nirbhaya gangrape in March 2020. Still, what is the result, the similar wicked crimes continue unabated. In a way, the judiciary that has reinforced the faith of people in delivering justice, in some instances, had to compromise on capital punishment due to lack of evidence and statement of approver. Emotionally speaking, a person who tortures a woman to quench his lust must be given a capital punishment. But by meticulously scrutinising and analysing

the legal aspects, capital punishments can be given in cases which are regarded as the rarest of rare. To some judges, capital punishment poses a violation of articles 19, 20 and 21. Since the violation of the fundamental rights is interpreted as altering the basic structure of the constitution, awarding capital punishment is not a permanent solution to rape cases. Even Justice J.S. Verma Committee set up after the 2012 Jyoti Singh gangrape and murder, did not think that the death penalty against rape cases was a way to make India safer for women. Another reason is that awarding capital punishment to rapists poses an impending danger to the women. Chances of risks are high where the criminals tend to kill the victim or endanger her family fearing exposure of their complicity in the incident. Also, the victims will have to face pressure and mental torture from her close ones if the predators happen to be from her own family or family circles. Then, what is the reliable solution for rapes in India? It is beyond doubt that the mindset of people must change. We live in a patriarchal society where women are subjected to atrocities of different sorts. Sex education must be provided and promoted even at younger age and false myths regarding virginity and purity must be wiped out. The women and children must be taught to raise their voice and bring out the wrong doers before law. The society should stand as a support for them and help them stride the painful journey to justice. Or else, Silence becomes a license for the culprits to continue their acts. Society should stop ridiculing the victims. They must put pressure on law and order to act dispassionately and ensure that justice is delivered to them with proper retribution to the perpetrators of crime. Name: Amritha K.H. Class: 3 / 4 Roll no: 8