Why death penalty for rapists is a bad Idea!

Why death penalty for rapists is a bad Idea!

After every major rape case in India, the response of the public is similar. They feel anger against system, politicians, police and accused. Twitter trends starts after every major rape case, to give death penalty to accused. Even most of us think that to reduce rape cases in India, strict punishment should be given.

But if we think broadly, giving death penalty to accused, is not a good idea. Even, it can bring victim’s life at risk. Here are some points that explains, why death penalty for rapists is a bad idea!

1) Death Penalty Effectiveness!

The practice of executing someone as punishment for a specific crime after a proper legal trial is Capital Punishment. The objective of Capital punishment is to deter people from committing the same crime.

But according to Jeffery Fagan, Professor of Law at Columbia Law School, told that, ” We’re very hard pressed to find really strong evidence of deterrence (from capital punishment)”. It means that even after giving Capital punishment, crime rates doesn’t change much.

Many researches find that crime rates doesn’t change much even after giving Capital Punishment. So same applies to rape cases. We’ve seen many big cases like of Nirbhaya, in which death penalty was given to rapists. But even after that case, rape cases in India are still increasing!

According to a report by The Times of India, only 25% cases get conviction. So it is more important to focus on conviction than punishment. So that, more victims can get justice!

https://timesofindia.indiatimes.com/india/over-30000-rape-cases-only-1-in-4-convicted/articleshow/63748925.cms

2) Social Pressure on Victim :-

Even if our Justice system can give death penalty to rapists than more pressure will be on victim than accused! Why? Because, according to reports, in 93% rape cases, rapists are known to the victim in India. So when any victim files case against accused, then friends, family of accused will put pressure on victim to drop the case to save life of accused.

https://www.news18.com/news/india/no-stranger-to-crime-93-rapes-recorded-in-2017-were-committed-by-persons-known-to-the-victim-2355681.html

This can be the reason that 99% of rape cases in India go unreported.

https://www.livemint.com/Politics/AV3sIKoEBAGZozALMX8THK/99-cases-of-sexual-assaults-go-unreported-govt-data-shows.html

3) Danger to Victim

With mental pressure, victim can also be at life risk if death penalty is punishment in rape cases. Because after committing rape, rapists have two options, Either to spare life of victim or not! But if death penalty is the only punishment for rape, then rapists will have no incentive to spare life of victim.

How can this be solved?

Rape cases in India are on rise. But punishment of death penalty to rapists is the only solution to stop rape cases? No! There are many other solutions that reduce the rape cases numbers. Here they are :-

  1. Improvement in Judicial system – As I mentioned earlier than only 1 out of 4 cases in India got conviction. So India need to make it’s judicial system strong and fast. So that more and more cases can get solved, resulting in fast justice to victims. This will also help in reducing the numbers to extent as justice will be served quickly.
  2. Police Force – Firstly to make law and order strong, vacancies should be filled. Secondly, police force should work with impartiality to help in providing justice.
  3. Education System– Rapists came from our own society. So it is important to give education and teach gender equality. Moreover, Uneducated people do more crimes than educated.

There are many other factors that can work in reducing rap cases in India, like female employment, gender roles in society etc. Also, by publicly lynching criminals cannot change in the number of crimes. It can only change with change in society!

Thank you for reading!

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