Death penalty no deterrent

Existing laws must be better used

This is not the first time that a Bharatiya Janata Party government has found a socalled solution to the “problem” of rape in the death penalty. In 2002, LK Advani as the deputy prime minister had called for capital punishment for rapists, but the idea was shot down by strong opposing arguments. The BJP seems convinced that there is an emotional harvest to be reaped from such decisions. That might explain why the present ordinance calls for death to those who rape minors below 12. The government is responding dramatically: An ordinance, while suggesting urgency, also eliminates debate.

The ordinance is actually dangerous. Nowhere in the world has it been proven that capital punishment deters crime. Besides, such a sentence cannot be passed unless the evidence is flawless, so it lowers the conviction rate. The possibility of death will generate pressures that will exacerbate fears and aggressions. The criminal will tend to kill his witness and the defence lawyer will be harsher on the child. The problem is not the lack of laws, but a system that consistently refuses to use them in a committed and targeted manner. With this ordinance, the Centre is once again shrugging off its real responsibility of ensuring that all sexual criminals from all levels of society are caught and punished. That would be the real deterrence.

The Telegraph, April 27