Skip to main content

India: Victim impact statements can achieve what death penalty can’t

Indian flag
India’s criminal justice system needs to look at victim impact statements in the US to help victims achieve closure.

Perhaps you have figured out by now that little girls don’t stay little forever. They grow into strong women that return to destroy your world,” said a woman to celebrity gymnastics coach Larry Nassar in the US earlier this year.

Nassar had already been convicted of sexually assaulting girls he was training. But before the court could decide how many years he would spend in jail, it gave his 156 victims a chance to address him in court.

One victim said about the experience, “I got up there and I looked him in the eye, I just knew that I had a lot to say and that whatever happened, I was going to make him look at me and make him listen. It felt like I was back in control… He did look at me. In fact, he cried during my statement.”

‘Victim impact statements’ are a part of the criminal justice system in the US. A victim can send it in writing or read it out in court. There was, for instance, a 23-year-old’s victim impact statement at Stanford that went viral.

Justice must not only be done, but seem to be done. Victim impact statements help with the part about making justice seem to be done. That is useful not just for victims, but also for society, helping assert among the public what is right and what is wrong, reminding people of the emotional trauma heinous crimes cause.

Public debate on justice for heinous crimes in India has two sides. One demands death penalty, because nothing less would be justice. The other side says revenge is not justice. But what is justice?

Conviction is justice


President Ram Nath Kovind has rejected the mercy petition of a man who killed a family of seven in Bihar in 2006. The government has amended the law to make child rape punishable by death, and the Supreme Court will soon decide if Nirbhaya’s murderers and rapists will be hanged.

Some say death penalty is necessary for the victims to be able to move on, but that is not the case. The hanging of a criminal will not make a family grieve any less about the loss of their loved one.

Victims need closure, and the starting point of closure is conviction itself.

Asumal Sirumalani Harpalani alias Sant Shri Asaram Ji Bapu was recently convicted of raping a 16-year-old girl at his ashram in Jodhpur in 2013.

The girl, now 21, and her family say they were able to get sound sleep for the first time only when he was convicted. “This episode hampered her studies which she can start once again… we will want her to choose her field and will help her get as much education as she wants,” her father said.

Asaram was in jail for all of the four and a half years. His being in jail was not justice. Justice was when a court of law said, yes, he was guilty of a crime.

In all the debate around punishment, we forget that punishment is given only after conviction. After ruling the accused guilty, courts hold another hearing about punishment.

Punishment matters, but conviction itself is important to victims. It is the moment of truth when the victim feels vindicated, all the slander and lies hurled at her are rejected by an objective authority.

When a guilty party gets away without punishment, it is a grave injustice. When Mayaben Kodnani is acquitted in the 2002  case through legal procedure, it won’t be solace to the families of the dead that she spent many years in jail. A court of law said it couldn’t be sure if she did incite violence. Then who did? That’s injustice. The act of conviction achieves half the purpose of justice.

In 2016, only 1 in 4 rape cases ended in conviction. The conviction rate used to be better. When trials go on for years, they compound the trauma for victims. The knowledge that even after putting up with an endless legal process the accused may go scot free is one of the reasons why most women do not report sexual crimes.

Public discourse on heinous crimes like rape and murder needs to focus more on conviction. When the accused is not even convicted, what’s the use of having strong punishment written down in the statute books?

Moving on is justice


It took a public movement to bring Manu Sharma to justice for shooting Jessica Lall dead just because she refused to serve him a drink. After he’s spent 15 years in jail, Jessica’s sister Sabrina Lall says she has no objection to his release. “It will be like a catharsis to forgive and move on. I also need to get on with my life,” she added.

If a criminal is not convicted, victims and their families may never be able to move on. Victims and their families are able to move on if they feel that a wrong has been called a wrong and righted with punishment. That’s why that punishment need not be death penalty. After many years have passed, victims and their families may be able to move on. That is why Sabrina Lall feels the chapter of her sister’s death needs to be closed with a reformed Manu Sharma let out of jail. She doesn’t want to hear his name again.

Such closure for victims and their families takes years. Death penalty can’t achieve that. What can, is speedier justice, higher conviction rates and victim impact statements.

Source: The Print, Shivam Vij, May 30, 2018


⚑ | 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!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Kansas AG urges governor to deny clemency to 8 sentenced to death

TOPEKA — Attorney General Kris Kobach on Tuesday urged the governor to deny clemency to Kansas inmates who have been sentenced to death. Eight of nine people sentenced to death in Kansas formally filed clemency requests in May, according to a press release from the Attorney General’s Office. Kobach urged Gov. Laura Kelly to reject them.

Idaho will soon turn to firing squad executions. Police will pull the triggers

Trained members of Idaho law enforcement with demonstrated firearms proficiency are expected to fill slots for carrying out the death penalty by firing squad as the state prison system transitions to the controversial execution method next month.  Six volunteers certified for no less than three years apiece through Peace Officer Standards and Training, or POST, will be recruited to ensure the Idaho Department of Correction is ready to comply with a state law that prioritizes shooting prisoners to death over lethal injection starting July 1.  No one on the team may have faced disciplinary action over firearms, use of force, or related conduct over the prior year, according to new execution protocols the prison system released this week. 

SCOTUS: Alabama can’t execute Jeffery Lee by nitrogen; Thursday execution called off

After a week of legal volleyball, Alabama death row inmate Jeffery Lee’s execution—scheduled for Thursday evening—was called off after federal courts called the state’s nitrogen gas execution method “likely unconstitutional.” The state took the fight to the U.S. Supreme Court, hoping Lee could still be put to death tonight.  In an order issued at 8:10 p.m., the U.S. Supreme Court ordered that it would not lift a ban on Alabama executing Lee via nitrogen . In a short court order, the justices denied Alabama’s motion to go ahead with the execution.  Associate Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch would have granted the appeal and let the execution proceed, according to the order. 

Alabama | Judge bars nitrogen gas execution, says method is unconstitutionally cruel

MONTGOMERY, Ala. -- A federal judge on Tuesday permanently blocked Alabama from executing an inmate with nitrogen gas after declaring it violates the ban on cruel and unusual punishment. U.S. District Judge Emily Marks issued the ruling hours after an appeals court reversed her initial finding that the method was constitutional. Marks permanently enjoined the state from executing Jeffrey Lee, 49, by nitrogen gas. He was scheduled to be executed Thursday. The decision, for now, blocks the use of the controversial new execution method that the state has championed since 2024, but the issue will likely end up before the U.S. Supreme Court.

With nitrogen gas blocked, Alabama seeks to execute inmate by lethal injection

Jeffery Lee, who successfully challenged his scheduled Thursday execution by nitrogen gas, argued that execution by firing squad would be less painful. The Alabama Attorney General’s Office Friday sought to put an Alabama death row inmate to death by lethal injection a day after the U.S. Supreme Court rebuffed the state’s attempt to execute him by nitrogen gas. In a filing with the Alabama Supreme Court Friday afternoon, the state sought an expedited motion to set a new execution date for Jeffery Lee, 49. The state said that with a permanent injunction in place against nitrogen gas, the method by which the state intended to execute Lee on Thursday, it could execute him by lethal injection or the electric chair.

20 Minutes to Death: Witness to the Last Execution in France

The following document is a firsthand account of the final moments of Hamida Djandoubi, a convicted murderer executed by guillotine at Marseille’s Baumettes Prison on September 10, 1977. The record—dated September 9—was written by Monique Mabelly, a judge appointed by the state to witness the proceedings. Djandoubi’s execution would ultimately be the last carried out in France before capital punishment was abolished in 1981. At the time, President Valéry Giscard d'Estaing—who had publicly voiced his "deep aversion to the death penalty" prior to his election—rejected Djandoubi’s appeal for clemency. Choosing to let "justice take its course," the President allowed the execution to proceed, just as he had in two previous cases during his term:   Christian Ranucci , executed on July 28, 1976 and Jérôme Carrein , executed on June 23, 1977. Hamida Djandoubi , a Tunisian national, was sentenced to death for killing his former lover, Elisabeth Bousquet. He was execu...

US | Army lays groundwork for death row executions if Trump gives approval

The Army is preparing to carry out the executions of the military's four death-row inmates if ordered to do so by the president, according to an internal planning document reviewed by ABC News. If carried out, it would mark the first time the military executed convicted American inmates in more than a half-century The plan, dubbed "Operation Resolute Justice" and issued internally in February, directs Army officials to coordinate with the Federal Bureau of Prisons to transfer condemned prisoners from the U.S. Disciplinary Barracks at Fort Leavenworth, Kansas, to the federal execution facility in Terre Haute, Indiana, where the Justice Department carried out a series of non-military federal executions during President Donald Trump's first term.

New Mississippi billboard warns criminals: ‘Firing squad is legal’

DESOTO COUNTY, Miss. (WREG) — A billboard standing on Interstate 55 southbound as you cross the Tennessee state line and enter Mississippi from Memphis is sending a grim message to those coming into the state. DeSoto County District Attorney Matthew Barton recently announced the new billboard campaign, which features the sign reading, “WELCOME TO MISSISSIPPI. WHERE THE FIRING SQUAD IS LEGAL. THINK TWICE.” It references Mississippi’s law permitting execution by firing squad under certain circumstances for inmates sentenced to death. Barton says this campaign is aimed at deterring violent crime and sends a direct message to criminals entering Mississippi.

Thomas, Alito and Gorsuch wanted an execution that a Trump judge deemed illegal

The Supreme Court these days is generally in the business of helping executions go forward. But on Thursday night, the court did something notable: It told Alabama no. Even then, the court wasn't unanimous. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch dissented from the refusal to let the nitrogen gas execution of Jeffery Lee proceed. What prompted the rare rejection? In line with the typical shadow docket practice, the court didn't explain itself. Nor did the dissenters, who merely noted their disagreement. But a deeper look at the case helps us understand why a majority of the court was unwilling to help the state this time.

Texas | Tanner Horner now incarcerated at the Polunsky Unit

Convicted child killer Tanner Horner has now taken up residence in one of the most brutal death row prisons after being sentenced to die by a Texas jury last month. Horner is incarcerated at the Polunsky Unit, an infamously restrictive prison outside Houston where the state's death row inmates are housed in an all-solitary confinement wing and spend at least 22 hours a day in their 60-square-foot cells. The former FedEx deliveryman, 34, was booked at the notorious prison on May 5 within hours of being sentenced for the gruesome murder of Athena Strand, 7, whom he admitted strangling while delivering a Christmas gift to her home in November 2022.