Death Penalty for Rape Won’t Dismantle the Social Structures That Facilitate It

The introduction of tougher laws may provide instant solace to those who expect harsh punishments for such crimes, but from the point of view of the government–the agency eventually and ultimately responsible for the safety and freedom of each citizen–it appears to be a reactionary, knee-jerk decision.

One can take a look at Uttar Pradesh to understand this in the present context. Ever since Yogi Adityanath took over, he has introduced a system of instant punishment, more so for those accused of sexual crimes including rape. In many cases, those accused of sexual crimes have been shot in what the government calls “encounters” but are essentially staged extra-judicial shootings.

Not only does this approach of shooting the rape accused undermine the rule of law, it also does little to change the pattern of crimes against women, let alone act as a deterrent. The punishment through the ‘bullet’ for rape-accused persons is not legal but it captures the sentiments that are behind the loud demands for the death penalty.

Another example that illustrates the hasty reaction from the state is the 2019 Hyderabad doctor rape case. A veterinary doctor was brutally raped and murdered by being set ablaze on the outskirts of Hyderabad. After the accused were arrested in the case, they were killed in a staged encounter where the police argued that they were trying to escape from custody. The Supreme Court later found that the encounter was staged, highlighting the risks of such impulsive actions.

But is the objective here truly deterrence and long-term change, or merely short-term punishment to appease the raging public? That’s the question we need to ask ourselves. As research about other violent crimes has shown, the death penalty does not bring about any remarkable change in the way these crimes occur or are perceived.