18th September 2024 (10 Topics)
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The continuing distribution of the death penalty
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Context
The recent legislative move (Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024) comes amidst rising sexual violence in India, with 31,516 rapes reported in 2022. The Bill has been referred to the President, sparking a national debate on capital punishment's effectiveness.
Legislative Developments
- Death Penalty Expansion: The Bill increases the number of offences punishable by death from 12 to 18, reflecting public outrage over sexual violence. Critics argue that harsher penalties do not improve women's safety, as high rates of violence persist.
- Governor's Critique: Despite unanimous passage by the West Bengal Assembly, the Governor has expressed concerns and referred the Bill to the President. This move indicates the need for a balance between legislative action and judicial oversight.
- National Crime Statistics: Data from the National Crime Records Bureau shows that Rajasthan, Uttar Pradesh, and Madhya Pradesh lead in rape cases, emphasizing systemic violence against women. This data reinforces the necessity for targeted legal reforms beyond punitive measures.
Global Perspective and Trends
- Death Penalty in Global Context: Globally, 112 countries have abolished the death penalty, while India remains a retentionist nation. This trend challenges the effectiveness of capital punishment as a deterrent to crime.
- Implications of Death Row Conditions: Death row prisoners face severe mental and physical health challenges, often stemming from inadequate support. The increasing number of marginalized individuals on death row highlights socio-economic disparities in the justice system.
- Recommendations for Reforms: Victim-centered reforms should include educational initiatives to challenge patriarchal norms. Comprehensive state support for survivors and their families is crucial for fostering resilience and dignity.
Practice Question
Q. “Death sentence does not necessarily act as a deterrent against crimes such as sexual offences”. Comment
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