PUNISHMENT FOR RAPE

............. Continued from yesterday

Those who demand death penalty for rapists argue that while committing this crime the accused is in his normal sense. There is always presence of mental element to make physical relationship with a girl even without her consent. Granting imprisonment for several years cannot change the mindset of the accused persons and, therefore, no reformation takes place. Another argument in support of capital punishment is that a rapist is not safe for the society and hence should be given death penalty which can be an example for the society and as such the cases of rape can be reduced. In rape cases,  age of the victim should not be considered for granting death penalty.

Rape is more common in India than murder. While murder stands at 2.2 rape is at 5.2 in 2017 according to NCRB. Even though such huge amount of rape cases take place in our country only a very few get public attention and the issue is brought to the streets and demand raised for death penalty. A study conducted by a Delhi based NGO in the aftermath of the 2012 Nirbhaya gang rape and murder case. The NGO after monitoring the progress in 16 rape cases reported that, though the time stipulated by CrPC states that the trial in rape cases should be completed in  60 days, the average time of finshing trial in rape cases takes about 8 months in fast track courts. Delay in trial is normally due to a range of reasons like delay in receiving forensic lab reports to huge burden of pending cases. A study by the Centre of Death Penalty at the National Law University Delhi in 2015 analysed data of 15 years to conclude that less than 5 per cent death penalties awarded by trial courts were confirmed by the time the cases passed the tests in high courts and the Supreme Court. In around 30 per cent cases, the high courts ordered acquittal of the convicts. The Supreme Court heard 12 death penalty cases in 2018 but confirmed death penalty in only one case, Nirbhaya gang rape and murder case.

These are some arguments for and against capital punishment for rapists. Punishment should fit the crime. Heinous crime demand strict penalties. Unless drastic action is taken against rape, murder and terror attacks the situation will not improve. Death penalty will stop them from committing the crime again and deter others. As our soldiers kill enemies who act against our country, we should eliminate those who act against our citizens. Death penalty is a strong deterrent for criminals.

Arguments against capital punishment are:  It is not proven that death penalty to murderers stop other people committing similar crimes. Since capital punishment is not operated retributive, it is inappropriate to use retribution to justify capital punishment. As members of parliament demanded stringent punishment for rapists including death penalty, lynching and castration, women rights activists and lawers argued it was definitely not the solution. Delhi based social activist and human rights campaigner Shabnam Hashmi said mandating death penalty will only adversely affect the cause of women. "Death penalty is definitely not the solution. In fact, it only adversely affects the cause of women. It often leads the accused to finish off any kind of evidence so that there is no proof," she told.

.................... to be continued

KV George

kvgeorgein@gmail.com