This article published in the editorial section of The Hindu Newspaper discusses the frequent calls for the death penalty after horrific sexual crimes and how governments often respond by changing laws to introduce harsher punishments.
This trend became more common after the brutal rape and murder of a woman in Delhi in 2013, which led to significant changes in India’s criminal laws. Since then, several states, including Madhya Pradesh, Rajasthan, Haryana, Andhra Pradesh, Maharashtra, and Arunachal Pradesh, have introduced tougher punishments for sexual assault.
Recently, the West Bengal Assembly unanimously passed a new law called The Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024. This law was introduced in response to the tragic rape and murder of a doctor at a government hospital in Kolkata on August 9, which sparked widespread demands for justice.
The new law allows for the death penalty or life imprisonment for various types of rape, by amending relevant sections of the Bharatiya Nyaya Sanhita (the new penal code). The death penalty has been proposed for five specific offenses: rape, rape by a police officer or public servant, rape causing death or severe injury, gang rape, and repeat offenders
. The law also makes changes to the Bharatiya Nagarik Suraksha Sanhita, which will ensure that special courts try these offences more quickly, and to the Protection of Children from Sexual Offences (POCSO) Act, allowing for the death penalty in cases of severe sexual assaults against children. However, these changes will require the approval of the President before they become official.
Although the death penalty is often viewed as a solution, there is little evidence that it prevents sexual crimes. Yet, each time such an incident occurs, there is a strong push for stricter laws, and governments feel the need to respond. Interestingly, West Bengal Chief Minister Mamata Banerjee pointed out that while “rape is a curse against humanity,” and social changes are necessary to prevent these crimes, she questioned whether legal reforms like the new Bill would be enough.
This echoes the sentiment of the Justice J.S. Verma Committee, which, after the 2013 Delhi case, did not recommend the death penalty for rape, even in extreme cases. The Committee believed that demanding the death penalty would be a step backwards in efforts to reform the justice system. Despite these views, laws have since been passed allowing the death penalty for the rape of girls under 12, and gang rape of girls under 18, but even these changes haven’t necessarily made women feel safer.
The article also highlights how, instead of focusing solely on harsher punishments, governments should ensure that laws are enforced properly and that the police act without bias to prevent and punish sexual crimes. The real path to justice, it suggests, lies in removing the barriers that prevent women from advancing in society and ensuring that both workplaces and homes are safe for them..
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The Editorial Page of The Hindu is an essential reading for all the students aspiring for UPSC, SSC, PCS, Judiciary etc or any other competitive government exams.
This may also be useful for exams like CUET UG and CUET PG, GATE, GMAT, GRE AND CAT
To read this article in Hindi –https://bhaarat.hellostudent.co.in/