Context: The Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 introduces the death penalty for rape under certain circumstances, following a brutal rape and murder case in Kolkata. This addition to India’s criminal justice framework raises significant ethical and legal questions regarding the continued use of the death penalty in India, particularly in cases involving sexual violence against women and children.
Relevance: General Studies Paper II (Governance and Social Justice)
Mains Question: Critically evaluate the use of the death penalty in India’s criminal justice system, particularly in the context of gender-based violence. What are the arguments for and against the continued use of capital punishment?
- Background and Recent Developments:
- The Aparajita Bill (2024), passed by the West Bengal Government, seeks to amend the Bharatiya Nyaya Sanhita, 2023, and introduce the death penalty for the crime of rape under specific conditions. It is an extension of India’s broader shift toward harsher penalties for sexual violence, a trend seen in other states as well.
- Globally, many countries have moved away from the death penalty. According to Amnesty International, 144 countries have either abolished or do not practice the death penalty. However, India, along with other South Asian countries like Bangladesh and Pakistan, retains the death penalty for certain crimes, especially involving children, women, and vulnerable populations.
- Gender-Based Violence and Capital Punishment:
- The new Bharatiya Nyaya Sanhita increases the number of offenses punishable by death from 12 to 18, focusing particularly on sexual violence. However, critics argue that simply increasing punishments does not address the root causes of gender-based violence.
- The Justice Verma Committee, formed after the 2012 Nirbhaya case, argued that the death penalty does not act as a deterrent to sexual violence. Instead, it recommended focusing on police reforms, improving investigation procedures, and ensuring speedy trials to prevent such crimes.
- Marginalized Communities and the Death Penalty:
- Data shows that a disproportionate number of individuals on death row in India come from marginalized communities, such as Dalits, Adivasis, and religious minorities. These communities often lack access to proper legal representation, further complicating the fairness of the death penalty.
- The National Crime Records Bureau (NCRB) reported 31,516 cases of rape in 2022. Uttar Pradesh, Rajasthan, and Madhya Pradesh accounted for the highest number of cases, with thousands of women from marginalized communities among the victims.
- International and Global Trends:
- Globally, there is a clear movement toward abolition of the death penalty. Countries like the Maldives and Sri Lanka have abolished it for all crimes. However, nations like Bangladesh and Pakistan still retain it for severe offenses, particularly sexual violence and terrorism.
- Complex Socio-Legal Issues:
- The Aparajita Bill reflects an increasing reliance on punitive justice as a response to heinous crimes. While it seeks to protect vulnerable sections of society, especially women and children, it raises concerns about whether punitive measures alone can curb violence.
- Critics argue that India needs to adopt a holistic approach to combating violence against women, focusing on education, awareness, and rehabilitation rather than relying solely on harsh punishments like the death penalty.
Additional Data:
- NCRB Report (2022): 31,516 cases of rape in India.
- Amnesty International (2023): 144 countries have abolished or do not practice the death penalty.
Conclusion:
The death penalty remains a controversial subject in India, especially in cases involving sexual violence. While it offers a sense of retributive justice, questions persist regarding its effectiveness as a deterrent and its potential to disproportionately affect marginalized communities. A comprehensive reform that includes legal protections, awareness, and social change is necessary to address the root causes of gender-based violence.
