The Continuing Distribution of the Death Penalty in India (GS Paper 2, Governance)
Context
- The introduction of the Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 highlights a significant shift in India's legal landscape, proposing the death penalty for rape.
- This legislative move follows a distressing trend of rising violence against women and children, igniting a broader debate about the effectiveness and morality of capital punishment as a deterrent.
Introduction: The Revival of the Death Penalty in India
- The death penalty in India is experiencing a revival, evident in recent legislative actions.
- The Aparajita Bill was prompted by a horrific incident involving the rape and murder of a doctor in Kolkata, aiming to amend several existing laws, including the Bharatiya Nyaya Sanhita, 2023.
- Despite unanimous support in the West Bengal Assembly, the bill has been sent to the President for approval, raising questions about its implications and the urgent need for justice reforms.
Rising Incidents of Violence Against Women and Children (VAWC)
- The statistics paint a grim picture: in 2022, India recorded 31,516 rapes, averaging four per hour, along with 248 murder cases involving rape.
- States like Rajasthan, Uttar Pradesh, and Madhya Pradesh reported the highest incidences, reflecting a systemic issue that necessitates urgent action beyond punitive measures.
Global Perspective on the Death Penalty
- Globally, there's a noticeable trend toward the abolition of the death penalty. According to Amnesty International, around 75% of countries have abolished it in law or practice.
- While India retains capital punishment, its regional neighbors like Bhutan and Nepal have moved toward abolition.
- This global context raises questions about India’s stance and the alignment of its policies with international human rights standards.
Death Sentences in India
- Data from Project39A indicates a complex picture of capital punishment in India.
- In 2023, there were 120 recorded death sentences, a decrease from the previous year, yet the number of individuals on death row has reached its highest in two decades at 561.
- Many prisoners suffer prolonged periods awaiting execution, often facing significant psychological and physical challenges.
The Role of the Bharatiya Nyaya Sanhita (BNS)
- The BNS has expanded the list of death-penalty-eligible offenses from 12 to 18, indicating a legislative shift towards harsher penalties for sexual crimes.
- However, evidence suggests that increasing punitive measures has not translated into enhanced safety for women, challenging the notion that deterrence through capital punishment is effective.
Criticism of the Death Penalty as a Deterrent
- The Justice Verma Committee concluded that the death penalty does not effectively deter sexual violence.
- Nevertheless, these insights have largely been overlooked in favor of punitive political rhetoric.
- The persistence of carceral politics emphasizes the need for a paradigm shift in addressing sexual violence.
Addressing Structural Inequalities
- To effectively combat violence against women and children, addressing underlying structural inequalities is essential.
- This includes redistributing land and wealth, increasing representation of marginalized communities, and investing in public services like education and healthcare.
- Support systems for survivors should also be strengthened.
Conclusion: Reform Beyond Punishment
- Abolishing the death penalty is only one facet of the broader societal reform needed to protect women and children.
- Public discourse must focus on the intersections of caste, race, religion, and gender in violence, emphasizing power dynamics over mere punitive measures.
- Evidence-based policymaking and sustained public awareness campaigns are vital to transform reactions into meaningful reform.
- By prioritizing comprehensive reforms and victim-centered approaches, India can create a safer environment for all, ensuring justice extends beyond the courtroom into the fabric of society.
