Rape Laws Vis A Vis Death Penalty In India - A Study
- IJLLR Journal
- May 28
- 2 min read
Krish Vohra, Amity University, Uttar Pradesh
Shailja Khosla, Amity University, Uttar Pradesh
1. ABSTRACT
The problem of rape and sexual assault is still a serious issue in India, with great popular outcry and public debates on the effectiveness of legal measures. The proposal to introduce the death penalty for rape, especially on children and in grotesque cases, has opened up a controversial debate on whether it is an effective deterrent or morally and ethically wrong. This dissertation "Rape Laws vis-à-vis Death Penalty in India - A Study" critically analyzes the nexus between rape laws and death penalty, analyzing whether the application of the death penalty is deterrent or retributive.
The study examines the historical development of rape law in India from the pre-Nirbhaya to the contemporary era through judicial interpretation and legislative evolution. The study examines legislative evolution through Criminal Law (Amendment) Acts of 2013 and 2018. The study also examines influential judicial dicta in an effort to comprehend the judiciary's position on capital punishment for rape offenses and how the judiciary tries retributive and reformative justice.
In addition to a critical legal analysis, the dissertation also undertakes a comparative examination of rape-induced death in India and other countries like the USA, UK, and Middle Eastern countries. The comparative examination attempts to find best practices and lessons that India can borrow to develop an effective and balanced legal system.
In addition, the dissertation also critically explores the socio-legal aspects of applying the death penalty against rape, bearing in mind its utility in deterring crime, public sentiments, and psychological effects on rape victims and their kin. Based on qualitative and quantitative data, such as empirical studies and public opinion polls, the research critically examines whether capital punishment really deters crime or only fulfills the public's urge for severe vengeance.
Lastly, the dissertation suggests radical recommendations for the reform of rape laws but in favor of victim-centered policies and enhancing criminal justice systems. The research concludes by recommending a wellbalanced strategy that balances punitive measures with rehabilitative justice to build a more humane and equitable legal system.
