Why in news
Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024 was introduced following the rape and murder of doctor in Kolkata, highlighting the need for stronger legal measures to protect women and children
It seeks to amend several laws, including: Bharatiya Nyaya Sanhita, 2023; Bharatiya Nagarik Suraksha Sanhita, 2023; Protection of Children from Sexual Offences Act, 2012
The bill proposes the death penalty for the crime of rape, reflecting a significant shift in legal consequences for such offenses.
The topic of the death penalty in India remains contentious, with debates on its effectiveness as a deterrent for crime.
Global and National Trends in the Use of the Death Penalty
As of the end of 2023, about 75% of countries have abolished the death penalty in law or practice.
In South Asia, India, Afghanistan, Bangladesh, and Pakistan retain the death penalty, while Bhutan and Nepal have abolished it entirely.
India recorded 120 death sentences in 2023, with no executions, but has the highest number of prisoners on death row in two decades, rising from 378 in 2019 to 561.
Is the Death Penalty an Effective Deterrent Against Sexual Violence?
Studies, including recommendations from the Justice Verma Committee, suggest that the death penalty does not effectively deter sexual violence, including gang rapes.
Violent crimes often lead to public outcry and demands for harsher punishments, including the death penalty, but this does not translate into increased safety for women.
Way Forward
There is a need for a movement that rejects the death penalty and life sentences as solutions to sexual violence, focusing instead on understanding and addressing root social issues.
Promoting human rights-based language and concepts to communities can help shift perceptions of justice away from capital punishment.
Implement comprehensive support systems for survivors of sexual violence, including education, healthcare, and community resources.
Advocate for reforms that address wealth distribution, representation of marginalized communities, and ensure proper funding for public services.
Launch campaigns to educate the public about the complexities of violence against women and promote gender equity.
Encourage informed policymaking that relies on research rather than populist reactions, ensuring accountability in the justice system.
Engage in discussions that consider caste, race, religion, and gender in the context of violence, recognizing that these factors influence power dynamics in society.
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