August 26, 2021

Capital Punishment for Rape

By Indian Legal Solution Legal Articles 0 Comments

CAPITAL PUNISHMENT FOR RAPE

Author: Ruchita Srivastava

*Author has written this article while pursuing training program on article writing by indianlegalsolution.com

INTRODUCTION

THEY RAPE BRUTALLY BECAUSE THEY KNOW THAT THE PUNISHMENT IS NOT BRUTAL... Naufa Yahiya

Girls and women in India are urged to dress appropriately, stay at home, and avoid going out alone because it is unsafe and they risk being raped. If anything goes wrong, it’s because the girl’s attire and work schedule attract the rapist, which she’s not allowed to do, right?

This is what all women and girls used to hear all the time.

Rape cases are on the rise in India these days. There are numerous instances where insulting and attacking a woman has no place. There are numerous laws in place to protect women in the country. A society that is unable to defend its girls must examine itself and determine where it is headed. In the last year, there were 3,658 occurrences of rape in the country, according to statistics. We have not yet been able to build a safe environment for our daughters, according to rape statistics. Rape, murder, and acid throwing are virtually daily occurrences across the country. When cases of rape are brought to the attention of the authorities, administrative inaction and legal barriers become a serious impediment to the victim receiving justice. In actuality, the administration and police are not weak; instead, their desire to combat the problem creates a restriction, which criminals exploit even if they do not intend to.

Section 375[1] of Indian Penal Code Code rape is defined as “sexual intercourse with a woman against her will, without her agreement, by compulsion, misrepresentation, or fraud, or while she is inebriated or deceived, or is of unsound mental condition, and in any instance, if she is under the age of 18” It’s Rape If It Falls Under Following categories:

Against her will
Without her consent.
With her consent, when she has given her consent by putting her or anybody she cares about in danger of death or harm.
With her consent, if the man is aware that he is not her husband and that she is giving her consent because she believes he is another man to whom she is or believes she is lawfully married.
With her consent, when, at the time of giving such consent, by a reason of unsoundness of mind or intoxication or the administration by him personally or through another of any stupefying or unwholesome substances, she is unable to understand the nature and consequences of that to which she gives consent.
With or without her consent, when she is under sixteen years of age.Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.

Exception 1: is when a medical technique or intervention is not considered rape.

Exception2: Sexual activity or intercourse between a man and his wife who is not under the age of fifteen is not considered rape.

Following the Delhi Gang Rape case in 2013, many regulations were changed, notably the consent age, which was raised from 16 to 18. Even the definition of rape has been enlarged; according to this rule, penetration now includes any degree of penetration. The government has also devised a fast-track judicial procedure for rape cases.

CAPITAL PUNISHMENT

Capital punishment, commonly known as the death penalty, is the execution of a person who has been sentenced to death by a court of law for a criminal offence. Extrajudicial executions carried out under the law should be distinguished from capital punishment. Though the imposition of the sentence is not always followed by execution, the terms death penalty and capital punishment are occasionally used interchangeably. (even when it upheld on appeal), because of the possibility of commutation o life imprisonment.

CAPITAL PUNISHMENT refers to the most severe type of punishment. It is the retribution that will be meted out to those who commit the most heinous, severe, and abhorrent crimes against mankind. While the definition and scope of such offences differ from country to country, state to state, and age to age, the death penalty has always been the implication of lethal punishment. By common usage in jurisprudence, criminology and penology, the capital sentence means a sentence of death.

OBJECTIVE

1. Be Informed About The Increasing Number Of Rape Cases

2. The Impact Of Laws

3. The Applicability Of The Death Penalty In The Rape Case

4. Rape Punishment In Other Countries

5. To Inquire About Managing The Expanding Of Rape Case

HISTORY

The Latin term “rapere” means “to steal, take, or transport away.” Forcible seizure and rape were typical methods of claiming a bride in the past, and this practice is still practised in some tribes today. Property ownership and amassing wealth were considered to be markers of manhood. This ownership was based on possessions, and he would lose his lineage if he didn’t have a wife. In her book Against Our Will, Susan Brownmiller argues, “Concepts of hierarchy, slavery and private property originated from, and could only be premised on, the early subordination of women.”

For most of history, rape has not been recognised as a crime since women were considered property and thus lacked rights. Men snatched women as a form of aggression, much like they snatched territory. an acknowledgement of their strength and masculinity In most communities, marriages were planned when the husband purchased the bride from her father. Rape used to be thought of as a crime that involved intruding on another man’s property. A man who raped the husband’s property, his wife, received the punishment. The raped lady was regularly penalised as an adulteress despite her lack of complicity in the crime. In ancient Israel, for example, women who were raped were considered filthy and stoned to death.

PUNISHMENT FOR RAPE IN INDIA

Provided, however, that such a fine is just and reasonable to cover the victim’s medical expenditures and rehabilitation:

Furthermore, any fine imposed under this clause must be given to the victim.

It became law in April of 2018 that anyone convicted of raping children under the age of 12 could face the death penalty.

PUNISHMENT FOR RAPE IN OTHER COUNTRIES

FRANCE – The French are very strict when it comes to rape laws. They provide 15-year penalties for rape, which can be increased to 30-year or life sentences depending on the severity of the harm and cruelty.

NORTH KOREA – A rapist in North Korea can expect death by firing squad as a punishment. Because the line of justice in this country is blurry, the firing squad is utilised as a ruse.

CHINA -:In China, strict punishment is given to rapists. Rape is a brutal crime and the death penalty is declared once the rapist is convicted. This is done by firing a single bullet at the spinal cord joining the neck. Another punishment given to the rapists in China is castration. The same punishment is given for other heinous crimes too. It is worth noting that the court proceedings are very quick.

SAUDI ARABIA -:Saudi Arabia is one of those countries with rigorous regulations. If a person is convicted of rape in this country, he is anaesthetized and publicly beheaded days after his trial.

EGYPT -: In Egypt, rape is punishable by death by hanging. The old school style of punishment is still used in this country, yet rape is one crime that ought to be punished with death.

IRAN -: According to Islamic law, the death penalty is essential for rapists. A rapist is given a death sentence in Iran. Even for other crimes, death is the penalty. Sometimes, the rape victim settles the case by taking compensation. In such a case, the rapist gets away with 100 lashes and sometimes imprisonment.

ISRAEL -: 16 years in prison or sometimes life imprisonment is what a rapist can expect as his punishment in Israel. The same punishment is awarded to anyone found guilty of any form of sexual assault.

The United States of America—The United States of America has two types of law: state law and federal law. If a rape case is prosecuted under federal law, the rapist could be sentenced to anywhere from a few years to life in prison

RUSSIA -:You might be astonished to learn that rapists in Russia are not subject to the death penalty. Instead, they could face a sentence of 3 to 6 years in prison, or 10 to 20 years if the damage is severe

CAPITAL PUNISHMENT FOR RAPE IN FOLLOWING CASE LAW

In Muslim-majority countries, the penalty is execution on the spot. According to a poll, when compared to countries where rapists suffer penalties other than death, the percentage of rape crimes committed in these countries is low.

In India, the death penalty for rape is a contentious issue. Between 2001 and 2017, 4,15,786 rape cases were reported in India, according to NCRB data. In the United States, an average of 67 women were raped per day over the past 17 years, or nearly three every hour.

In India, 16,075 rape occurrences were reported in 2001; by 2017, that number had risen to 32,559, a 103 per cent increase. However, in terms of actual numbers, Madhya Pradesh was the worst state in the country in 2017, with 5,562 rape occurrences registered, up from 2,851 in 2001. Uttar Pradesh has reported 4,246 rape incidents. A 7-year-old boy sued the state of Orissa in Laxman Naik v. State of Orissa., A 7-year-old girl was sexually molested by her uncle, and the Court decided that the degree of the victim’s injuries were enough to prove the brutality with which the rape and murder were carried out, and the perpetrator was condemned to death.

The Nirbhaya Gang Rape Case sometimes referred to as the Delhi Gang Rape Case is a well-known capital sentence case. People’s outpourings of rage and sadness in the aftermath of the rape and murder inspired optimism for change in India. In this case, the Supreme Court decided that the accused should be hanged to death because the gravity of the crime cannot be overlooked and there is no possibility of acquittal. According to a government regulation, rape that results in death or leaves the victim in a “permanent vegetative condition” is punishable by death in India. The question of whether or not rape suspects should be sentenced to death is currently being debated.

ARGUMENT IN FAVOUR OF HAVING CAPITAL PUNISHMENT

Capital punishment is an effective weapon for maintaining law and order and discouraging crime, and it is less costly than life imprisonment.
Retributive justice, commonly known as “an eye for an eye,” honours the victim, comforts grieving families, and ensures that the perpetrator will never be able to cause another disaster.
The death penalty also serves as a deterrent to other criminals. When penalising the guilty, the gravity of the offence must be considered. Murder and rape are both exceedingly heinous crimes that require the death penalty.
The death penalty must be placed in law texts to combat terrorism. It’s part of the government’s anti-terrorist strategy.

The death penalty has a lot of negative consequences.

ARGUMENT AGAINST THE CAPITAL PUNISHMENT

It reduces the chances of the victim surviving. For example, the death penalty might incentivize rapists to cause more harm to their victims. The death penalty, a populist response to sexual violence, is highly patriarchal, emphasising the sexual aspect of the crime and reinforcing the stigma associated with rape
.Around 76 percent of death row inmates were convicted of a felony, according to a report by the Law Commission. According to the law commission study, 76 percent of execution row inmates were from the poor, backward classes, or religious minorities.

• The percentage of general category detainees reduced as cases moved through the courts, but the percentage of SC and ST convicts increased. That is all there is to it. Discriminatory and contrary to the legal principles of equality and equal protection.

CONCLUSION

In 2018, a law was established that stipulates that anyone convicted of raping a girl under the age of 12 years will face the death penalty. However, the question remains as to what happens to girls and women over the age of 12. Why don’t we understand that rape is rape no matter who the victim is or what age group they belong to? This new rule could protect children under the age of 12 years old because rapists are terrified of death, they will think twice about raping a child under the age of 12, but what about girls over the age of 12? When a woman is raped, she suffers not only physically but also mentally. It completely devastates a girl’s life.

Giving life imprisonment or imposing a fine, in my opinion, will not change the mindset of a rapist, nor will instant death (CAPITAL PUNISHMENT) change the mindset of a rapist. Our main goal is to control heinous and brutal crimes against women, which is why some people believe that imposing the death penalty or simple imprisonment will deter rapists from committing there is little data to show that the death penalty is more effective than imprisonment in reducing crime. Notably, despite the implementation of the Criminal Law (Amendment) Act, 2013, which stipulates the death sentence and life imprisonment for sexual assaults that result in the victim’s death or reduction to a chronic vegetative state, brutal rapes have not diminished in India.

So, if we wish to regulate rape, we must instil dread in the perpetrators so that they consider it 100 times before committing this horrific crime. Third-degree torture is the simplest way to torment and instil terror in them, and they should be mercilessly tortured so that they might serve as an example to other rapists… In the Nirbhaya Gang Rape case, the fourth rapist, who was a kid, was not treated equally to the other rapists in the case, even though it was established that he was more savage toward the victim and that his actions resulted in the victim’s death. He was spared the death penalty just because he was a minor. In my opinion Even if a minor commits a crime like rape or murder, he should be brutally tortured.

“Rape Is More Heinous Crime Than Murder As Since The Rape Victim Dies Throughout The Period She Lives”

REFERENCES:

WEBSITES:

NEWSPAPER:

https://www.thehindu.com/news/cities/Delhi/survey-finds-soft-courts-responsible-for-recurrence-of-rape-cases/article4225216.ece

[1] http://devgan.in/ipc/section/376/.

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