Abolition of the Death Penalty: A Tough Road ahead for India

The movement against the death penalty in present-day India faces a tremendous challenge in terms of extensive public clamour for swift executions, removal of appeals, and even support for summary executions. 
With the imminent execution of the four convicts in the Delhi gang rape and murder case against the background of reactions to incidents in Hyderabad, Kathua and Unnao, harsher punishments are receiving tremendous public support, and politicians are only happy to oblige. The Supreme Court has issued administrative orders (1) to hear death sentence cases faster amidst misplaced concerns in the public that death row prisoners have too many loopholes in the law to exploit.
Framing the death penalty as a political–legal issue in India is not easy. Located within the wider spectrum of social and state violence in India, the exceptional nature of the cruelty of the death penalty is difficult to establish. 
The suffering inflicted by the death penalty is the constant and daily uncerta…

India | Man Gets Death Penalty For Raping, Killing His Mentally Unsound, Teenage Daughter

The girl's mother said her husband had been raping their daughter for long which resulted in her pregnancy.

A special court in Rajasthan's Kota awarded death penalty to a 45-year-old man for repeatedly raping and impregnating his 17-year-old mentally unsound daughter before killing her.

At the special court under the Protection of Children from Sexual Offences (POCSO) Act, Judge Ashok Choudhary said the crime was shameful for "human society". He also imposed a fine of Rs 20,000 on the convict, according to Premnarayan Namdev, Public Prosecutor, POCSO court-1.

Namdev said the girl was found dead at her house in Nayapura police station area of the city on May 13, 2015.

Her father, who worked as a guard at a warehouse in the city, himself lodged a report at Nayapura police station on the day she was killed, alleging that when he returned home in the evening he found his daughter dead, the public prosecutor said.

Based on his complaint, police lodged a case against unidentified persons and initiated an investigation, Namdev said, adding it was revealed during the probe that the victim was four-month pregnant when she was killed.

Her mother ran a tea stall outside the warehouse with the help of the couple's minor son.

After the post-mortem report revealed the pregnancy, the police collected DNA samples which confirmed that the accused had fathered the foetus.

The statement of deceased minor's mother corroborated police's theory as she said her husband had been raping their daughter for long which resulted in her pregnancy.

The police then arrested the father.

In its 36-page verdict, the POCSO court termed the crime "most heinous" and shameful for "human society".

The judge held the 45-year-old guilty of repeatedly raping his daughter and killing her so that the crime of rape and pregnancy could not be revealed, Namdev said.

The court sentenced the father to life term under sections related to rape and awarded death penalty for the murder, the public prosecutor said.

Source: outlookindia.com, Staff, January 20, 2020

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

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