The Persistence of the Death Penalty in India

The death penalty in India, though debated and challenged, continues to be a part of the country''s legal system. Like a phoenix, it revives in various forms, adapting to different circumstances. The recent Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, introduced by the West Bengal government, seeks to amend key laws such as the Bharatiya Nyaya Sanhita, 2023, and the Protection of Children from Sexual Offences Act, 2012, to include the death penalty for rape. This was prompted by the brutal rape and murder of a doctor in Kolkata. While the bill passed the Bengal Assembly, the Governor referred it to the President for consideration.

Crime Data and Context

India has a high incidence of sexual violence. In 2022, the National Crime Records Bureau (NCRB) recorded 31,516 rapes, with Rajasthan, Uttar Pradesh, and Madhya Pradesh reporting the highest numbers. Additionally, 248 cases of murder involving rape or gang rape were registered. These numbers highlight the prevalence of violent crimes against women, pushing states toward harsher legal measures.

Globally, Amnesty International reports that three-quarters of countries have abolished the death penalty in law or practice. However, India remains one of the 55 retentionist countries along with others like Afghanistan, Pakistan, and Bangladesh. In 2023, Project39A recorded 120 death sentences in India, with 561 individuals on death row, marking a consistent rise in the death row population.

Procedural Flaws and Social Biases

Many death row prisoners face severe mental and physical health issues, often spending years awaiting justice. There are also procedural flaws and societal biases related to caste, class, and religion that affect the criminal justice system. Overcrowded prisons and inhumane conditions exacerbate the suffering of prisoners, most of whom come from marginalized communities.

The Impact of Death Penalty on Violence Against Women and Children (VAWC)

Despite increased use of the death penalty, sexual violence persists. Cases involving rape and murder often evoke public outcry, with demands for capital punishment for the perpetrators. However, this framing creates an ''othering'' effect, portraying the accused as inhuman and justifying their execution. This mindset is rooted in cultural and religious narratives that glorify the destruction of evil.

Public discourse often overlooks the victim’s autonomy, focusing instead on the honor of the family, community, and nation. There is also a normalization of violence against women, with little public intervention to address everyday occurrences of violence.

The Justice Verma Committee Recommendations

The Justice Verma Committee recommended against the death penalty for sexual offenses, arguing that it does not act as an effective deterrent. The Union Cabinet, however, did not accept these recommendations. Abolitionist feminists argue that the criminal justice system must focus on structural and societal causes of violence rather than punitive measures.

The Need for Broader Reforms

The abolitionist movement must address societal inequalities by focusing on land and wealth redistribution, better representation of marginalized communities, and improved access to public education and healthcare. A key concern is to provide targeted support for rape survivors, helping them access education, employment, and healthcare.

Victim-Centered Reforms

There must be procedural and institutional reforms that are victim-centered. A policy shift that moves away from patriarchal norms, which tie family honor to female bodies, is crucial. Additionally, societal engagement with human rights-based language is necessary for creating awareness about the limitations of the death penalty.

Conclusion: The Path Forward

The abolition of the death penalty and the creation of a safer environment for women and children are complex challenges. It requires public discourse on intersectional violence based on caste, race, religion, and gender. Public and judicial awareness campaigns are essential for debunking the myth that the death penalty reduces sexual violence. True societal change requires a shift from punitive measures to comprehensive legal, social, and economic reforms.