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
