Justice Or Retribution? Rethinking Capital Punishment For Rape In India
- IJLLR Journal
- Jul 24
- 1 min read
Niranjan Baghwar, National University of Study and Research in Law, Ranchi
An eye for an eye blinds the whole world.
- Mahatma Gandhi
ABSTRACT
India has witnessed an alarming surge in sexual violence over the past decade, igniting national debates on the adequacy of punitive measures. In response to widespread public outrage, particularly after the 2012 Nirbhaya case, the legal system introduced capital punishment for aggravated rape. While this policy reflects societal anger and a desire for justice, its effectiveness remains deeply contested. This paper critically examines the limitations of capital punishment in addressing rape crimes in India. Through legal analysis, criminological insights, survivor narratives, and comparative international perspectives, the paper argues for systemic reform focused on survivor rehabilitation, judicial efficiency, police accountability, and cultural transformation. Ultimately, the path to justice must be restorative, empathetic, and driven by sustainable reform rather than retributive force.
Keywords: Capital Punishment, Rape, Justice, Vengeance, Deterrence, Reformation, Nirbhaya Case, Unnao Case, Kathua Case, Criminal Law (Amendment) Act, 2013, Criminal Law (Amendment) Act, 2018, NCRB, FTSC, Gender Sensitization.
