A Band-Aid Solution

The cry for the death penalty in response to heinous sexual crimes has become a knee-jerk reaction in India, with governments often caving to public outcry by amending laws to impose harsher punishments. This trend is evident in the recent passage of The Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill, 2024, in response to the brutal rape and murder of a doctor in Kolkata. The bill introduces the death penalty for various forms of sexual assault, including gang rape, rape by public servants, and repeat offenders. While the instinct to demand harsh justice is understandable, especially in a country grappling with rampant sexual violence, it is worth asking: does the death penalty address the root causes of the problem, or is it merely a band-aid solution to a deeper societal wound?

There is little empirical evidence to suggest that the death penalty acts as a deterrent to sexual crimes. Studies show that nations or regions with capital punishment do not necessarily experience lower rates of violent crime. Yet, after every shocking case of rape, there is a clamour for more severe punishments, and political leaders are quick to respond with legal amendments. It seems that the focus is often on placating public anger rather than addressing the systemic issues that allow such crimes to proliferate in the first place.

This reliance on punitive measures rather than preventive ones exposes a lack of political will to confront the real issues. The Justice J.S. Verma Committee, formed after the horrific 2012 Delhi gang rape, refrained from recommending the death penalty for rape, emphasizing instead the need for societal reforms and better implementation of existing laws. Its members argued that focusing on death as a punishment would be a regressive step, diverting attention from the more pressing need for justice through reform and rehabilitation.

In fact, despite the introduction of the death penalty for certain cases of rape after 2018, women in India do not feel significantly safer. This is largely because laws alone cannot change the misogyny ingrained in Indian society. The introduction of capital punishment might even backfire by pushing offenders to murder their victims to avoid identification. Furthermore, India’s judicial system is plagued by delays and inefficiencies, especially in cases involving sexual violence. Even if fast-track courts are established, the question remains: will they operate fairly and effectively?

The root cause of sexual violence is a culture that tolerates or even encourages the subjugation of women. To truly protect women and children, the government must focus on creating safe spaces—at home, in workplaces, and on the streets—through better policing, gender-sensitive education, and economic empowerment. Women’s safety cannot be reduced to a matter of passing ordinances and harsher laws; it requires a fundamental change in how society views and treats women.