Skip to main content

Why death penalty is not the answer to sexual violence in India

The death penalty is a distraction from the real measures that India needs to take to protect women's rights to safety, writes Gopika Bashi of Amnesty International.

Earlier this month in the Rohtak district of India's northern state of Haryana, two men were arrested after the body of a young Dalit woman who had been gang-raped and murdered was found in an empty field.

A team from the National Commission for Women which visited the area demanded the death penalty for the accused, citing the brutality of the crime.

Just a few days earlier, the Supreme Court had upheld the death sentences of four men convicted of the brutal gang-rape and murder of a young woman in Delhi in December 2012.

Several political parties and media stations celebrated the verdict. But what's been lost in the din is the futility and unfairness of imposing the death penalty in cases involving violence against women.

The Delhi gang-rape sparked nationwide protests and led to landmark reforms to India's sexual violence laws in 2013.

The reforms expanded the definition of rape and criminalised acts including stalking, voyeurism and acid attacks. It also introduced the death penalty in cases of rape leading to the victim's death or her being left in a "persistent vegetative state", and rape by repeat offenders.

Convictions in cases of sexual violence, however, continue to be rare. More than 34,000 rapes were reported in 2015, but the conviction rate was only 21.3%.

The use of the death penalty in India has been flawed and arbitrary.

A 2006 study of Supreme Court judgements on the death penalty by Amnesty International and the People's Union for Civil Liberties revealed that the imposition of death sentences was like a "lethal lottery", disproportionately affecting those with little wealth or influence.

The Supreme Court has itself admitted that the punishment - meant to be restricted to those "rarest-of-rare" cases where the convicted person is deemed to be incapable of reform - has been inconsistently handed out.

Over the past four years, various official organisations have also opposed the use of the death penalty, including in cases of rape.

In January 2013, the Justice Verma Committee - set up after the Delhi rape case to review sexual violence laws in the country - recommended that the death penalty not be used in cases of sexual violence, calling it "a regressive step in the field of sentencing and reformation".

In August 2015, the Law Commission of India recommended the abolition of the death penalty for most crimes, including sexual violence, stating that the punishment was not a greater deterrent to crime than life imprisonment.

'Strong message'


In May last year, a study by the National Law University of Delhi of all death row prisoners in India showed that three-quarters of them were from religious minority groups and marginalised caste groups.

The study also brought to light a range of structural deficiencies in the way the justice system treated death row prisoners.

Some women's rights activists in India continue to be vocal in their resistance to the use of the death penalty in cases of violence against women.

Women's rights groups protested against the government's decision to introduce the death penalty for certain cases of sexual violence even before it was finally enacted into law. However, these appeals, as well as the Verma Committee's recommendations, have been ignored.

The temptation of courts to use the death penalty to send a "strong message" to the perpetrators ignores the deep-rooted, structural causes of sexual violence.

Justice will remain elusive for victims until and unless there is an end to endemic problems that plague the criminal justice system.

These include flawed investigations, protracted delays in trials, failure to provide adequate compensation and protection, paternalistic and discriminatory attitudes in police stations and courts, and an almost complete failure to implement laws that address caste-based sexual violence.

Offences such as marital rape are not even recognised as crimes - a fact repeatedly raised earlier this month during a review of India's human rights record at the UN Human Rights Council.

When most sexual offences are not even reported to the police, it is naive to believe that executions will somehow curb violence against women.

'Collective conscience'


Four years ago, the pressure on the government led to reforms that provided an opportunity to increase women's access to justice.

However, invoking the death penalty does nothing to improve access to justice or to secure convictions.

The Supreme Court's repeated justification invoking the "collective conscience" of "the community" to impose death sentences is deeply flawed, as judges are not mandated to represent perceptions of the community's opinions.

This highly discretionary standard, which seemingly assuages "public outrage", ignores the public outrage directed at the state's failure to ensure access to, and certainty of, justice in all cases of sexual violence.

So instead of hiding behind the death penalty, India needs to take real measures to protect its women from violence.

Source: BBC News, Gopika Bashi, May 30, 2017. The author is senior campaigner - women's rights, Amnesty International India.

⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Comments

Most viewed (Last 7 days)

Florida executes Michael Tanzi

Florida on Tuesday executed a death row inmate described by one local detective as a "fledgling serial killer" for the murder of a beloved Miami Herald employee. Florida executed Michael Tanzi on Tuesday, 25 years after the murder of beloved Miami Herald employee Janet Acosta, who was attacked in broad daylight on her lunch break in 2000.   Michael Tanzi, 48, was executed by lethal injection at the Florida State Prison in Raiford and pronounced dead at 6:12 p.m. ET. 

South Carolina | Man who ambushed off-duty cop to face firing squad in second execution of its kind

Mikal Mahdi, 48, who was found guilty of killing an off-duty police officer and a convenience store worker, is the second inmate scheduled to executed by South Carolina's new firing squad A murderer who ambushed and shot an off duty police officer eight times before burning his body in a killing spree is set to become the second person to die by firing squad. South Carolina's highest court has rejected the last major appeal from Mikal Mahdi, 41, who is to be put to death with three bullets to the heart at 6pm on April 11 at the Broad River Correctional Institution in Columbia. Mahdi's lawyers said his original lawyers put on a shallow case trying to spare his life that didn't call on relatives, teachers or people who knew him and ignored the impact of weeks spent in solitary confinement in prison as a teen.

Afghanistan | Four men publicly executed by Taliban with relatives of victims shooting them 'six or seven times' at sport stadium

Four men have been publicly executed by the Taliban, with relatives of their victims shooting them several times in front of spectators at a sport stadium. Two men were shot around six to seven times by a male relative of the victims in front of spectators in Qala-i-Naw, the centre of Afghanistan's Badghis province, witnesses told an AFP journalist in the city.  The men had been 'sentenced to retaliatory punishment' for shooting other men, after their cases were 'examined very precisely and repeatedly', the statement said.  'The families of the victims were offered amnesty and peace but they refused.'

South Carolina executes Mikal Mahdi

Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers A man facing the death penalty for committing two murders was executed by firing squad on Friday, the second such execution in the US state of South Carolina this year. Mikal Mahdi, 42, was executed for the 2004 murder of 56-year-old James Myers, an off-duty police officer, and the murder of a convenience store employee three days earlier. According to a statement from the prison, "the execution was performed by a three-person firing squad at 6:01 pm (2201 GMT)," with Mahdi pronounced dead four minutes later.

USA | Why the firing squad may be making a comeback

South Carolina plans to execute Mikal Mahdi on Friday for the murder of a police officer, draping a hood over his head and firing three bullets into his heart. The choice to die by firing squad – rather than lethal injection or the electric chair – was Mahdi’s own, his attorney said last month: “Faced with barbaric and inhumane choices, Mikal Mahdi has chosen the lesser of three evils.” If it proceeds, Mahdi’s execution would be the latest in a recent string of events that have put the spotlight on the firing squad as a handful of US death penalty states explore alternatives to lethal injection, by far the nation’s dominant execution method.

Lethal Injection, Electric Chair, or Firing Squad? An Inhumane Decision for Death Row Prisoners

South Carolina resumed executions with the firing squad killing of Brad Sigmon last month. Mikal Madhi’s execution date is days away. The curtain shrieked as it was yanked open to reveal a 67-year-old man tied to a chair. His arms were pulled uncomfortably behind his back. The red bull’s-eye target on his chest rose and fell as he desperately attempted to still his breathing. The man, Brad Sigmon, smiled at his attorney, Bo King, seated in the front row before guards placed a black bag over his head. King said Sigmon appeared to be trying his best to put on a brave face for those who had come to bear witness.

I spent 16 years in solitary in South Carolina. This is what it did to me. | Opinion

South Carolinian Randy Poindexter writes about the effects 16 years of solitary confinement had on him ahead of South Carolina’s planned execution of Mikal Mahdi , who spent months in solitary as a young man. For 16 years, I lived in a concrete cell. Twenty-three hours a day, every day, for more than 3,000 days, South Carolina kept me in solitary confinement. I was a young man before I was sent to solitary — angry, untreated and unwell. I made mistakes. But I wasn’t sentenced to madness. That’s what solitary did to me. My mental health worsened with each passing day. At first, paranoia and depression set in. Then, hallucinations and self-mutilation. I talked to people who weren’t there. I cut myself to feel something besides despair. I could do nothing as four of my friends and fellow prisoners took their own lives rather than endure another day of torturous isolation.

Louisiana | Lawyers of Jessie Hoffman speak about their final moments before execution

As Louisiana prepared its first execution in 15 years, a team of lawyers from Loyola Law were working to save Jessie Hoffman’s life. “I was a young lawyer three years out of law school, and Jessie was almost finished with his appeals at that time, and my boss told me we needed to file something for Jessie because he’s in danger of being executed,” Kappel said. Kappel and her boss came up with a civil lawsuit to file that said since they wouldn’t give him a protocol for his execution, he was being deprived of due process, and the lawsuit was in the legal process for the next 10 years.

Execution date set for prisoner transferred to Oklahoma to face death penalty

An inmate who was transferred to Oklahoma last month to face the death penalty now has an execution date. George John Hanson, also known as John Fitzgerald Hanson, is scheduled to die on June 12 for the 1999 murder of 77-year-old Mary Bowles.  The Oklahoma Court of Criminal Appeals on Tuesday set the execution date. The state’s Pardon and Parole Board has a tentative date of May 7 for Hanson’s clemency hearing, executive director Tom Bates said.

Arizona | The cruelty of isolation: There’s nothing ‘humane’ about how we treat the condemned

On March 19, I served as a witness to the execution of a man named Aaron Gunches, Arizona’s first since 2022. During his time on death row, he begged for death and was ultimately granted what is likely more appropriately described as an emotionless state-assisted suicide. This experience has profoundly impacted me, leading to deep reflection on the nature of death, humanity, and the role we play in our final moments. When someone is in the end stages of life, we talk about hospice care, comfort, care, easing suffering and humane death. We strive for a “good death” — a peaceful transition. I’ve seen good ones, and I’ve seen bad, unplanned ones.