Capital punishment for Rape Justified ?

The debate over the capital punishment has in the recent past acquired renewed vigour. The government of the day has been insisting on the increased use of capital punishment for crimes other than murder, particularly rape. Certain women’s group have welcomed this. The judiciary too has been awarding the capital punishment for violent crimes with increased regularity, with the awarding of death penalty to all the 26 involved in Rajiv Gandhi assassination, it was time for the abolitionists

to once again hold a banner of protest. Despite being a party to the ICCPR1 towards abolition of death penalty, India appears to be heading the other way. The Constitutional validity of §302 IPC was questioned before the Supreme Court in Jagmohan Singh v. State of U.P 2 article 14 of the Constitution of India and suffers from excessive delegation. After tracing the judicial decisions which upheld the constitutionality of the death penalty, and the evolution of the ‘rarest of rare’ test in the landmark Bachan Singh case,

by the court in subsequent cases.Till date the capital punishments have only acted as deterrence for those families who could hardly earn bread and butter forget about hiring a smart lawyer. In the year 1994, a man named Dhannajay was given capital punishment for raping and then killing a minor girl. His act as such was brutal calling for severe action against him, but it seems that the ends of justice have not actually been met out. So many cases of murder go not unnoticed but without any punishment because the doer has money to defend himself.

In order to do justice to one person we cannot do injustice to so many others. Why should the innocent family of the rapist suffer for an act for which he the culprit is the only one responsible?Moreover would capital punishment really bring justice? Thanks to the idea of capital punishment that an easier way to do away with the crime has been found by the doers of the heinous crime. To kill the victim and throw her somewhere and move away and if lucky enough then the crime would never

be traced back to the offender. The cardinal questions to be asked here is are the circumstances of the

crime as such that there is no alternative but to impose death sentence?

Hindu dharma talks of nark for evil doers, Muslim talks of jhanum and Christianity talks of hell for evildoers but at the same time without any exception every religion talks of reforms. Giving a chance to the culprit to compensate the victim would go a long way in reforming the person. Moreover Social protestation towards such things would also help in the long run. The unfortunate part is that even the law is very restricted and limited in its definition about rape.§375 IPC specifies that sexual intercourse comprises rape wherein penetration alone suffice to constitute that sexual intercourse which amounts to offence of rape. Least heed has been paid to the fact that rape is much wider a term and as such should be given a much wider interpretation. Even if rape is not done in the strict sense of §375 IPC, the prima facie impression of rape having been

International Covenant on Civil and Political Rights

(1973) 1 SCC 20

Bachan Singh v. State of Punjab AIR 1980 SC 898

Dhananjoy Chatterjee @ Dhana v. State of West Bengal and Ors. AIR 1994 SC 626

on the ground that imposition of capital punishment of death sentence is violative of

it is proposed to examine how the test has been applied Is Capital Punishment Justified in Heinous Crimes Involving Women?

committed does an equal harm to the victim. Nonetheless, it is not intended to take sides; it is said that if justice is to be delivered it should undoubtedly be fair and reasonable. Justice should mean justice. Also if torture is deemed best for the rapist then, why not this torture is constructive? For instance, the convicted can be made to compensate the victim or her family by his income through employment or community services. Even if all this sound a bit dis satisfactory to the victim of rape or her family then it is submitted that capital punishment is quite a merciful punishment for a crime as heinous as rape. Why should the rapist be killed with a pain of just two seconds contrary to the victim who in a society like ours would still live with so much shame and un-acceptance? If the girl has to continue with this stigma throughout out her life let the rapist also live with the stigma of rapist. He should be made to suffer equally, if not to avenge then at least to strike a balance.

By-:  Priyan Garg

Criminal courts must consider Mediation in the cases of 498a although it is non compoundable offence: SC

Section 498 a of the IPC is not compoundable, in appropriate cases if the parties are willing and if it appears to the criminal court that there exist elements of settlement, it should direct the parties to explore the possibility of settlement through mediation.

Solution for India’s Rape Problem

I have found one of the organisation in US which works for Rape related issues-:

Here is a glimpse of what they actually do, and we will find solution of our problem in there working-:

A brief overview of one of the Rape Crises centre in Los Angeles

About Us


What We Do

The Rape Treatment Center (RTC) provides services for victims of rape 24 hours a day, 7 days a week …
We offer comprehensive, free treatment for sexual assault victims and their families, including 24-hour emergency medical care, forensic examinations, crisis intervention, long-term professional counseling, advocacy, and accompaniment services. The RTC is the only facility in Los Angeles, and one of the few in the country, where sexual assault victims can receive all of the services they need in one place, 24 hours a day. Since 1974, over 30,000 victims have received the RTC’s expert care.

In 1999, the RTC established an innovative, state-of-the-art medical/forensic clinic to provide 24-hour emergency care and evidence collection services for victims of rape and sexual abuse in the immediate aftermath of victimization.






We offer training for police, prosecutors, schools, and other victim service providers…
To enhance the services victims receive wherever they turn for help, the RTC provides training programs for police, prosecutors, judges, hospitals, schools, mental health agencies, rape crisis centers, and other victim assistance organizations across the country.

We reach out to college campuses nationwide…
The RTC has a leadership role in helping to solve the widespread problem of sexual assault on our nation’s college campuses. The RTC published a landmark report that was sent to every college president in the country. The report outlines specific policies and programs colleges can adopt to reduce the incidence of sexual violence among college students and provide support for students who are victimized. Colleges throughout the United States have adopted the RTC’s recommendations.

The RTC initiated federal legislation that gives college students who are sexually assaulted on campus by other students important rights in campus judicial proceedings, including the right to know the outcome of the disciplinary hearings concerning their cases.

The RTC produced an award-winning film, CAMPUS RAPE, to inform students about stranger and acquaintance rape and effective prevention strategies. Over 10,000 copies of the film have been distributed to colleges throughout the United States.

The RTC produces educational posters, print ads, and television public service announcements for colleges, fraternities, sororities, rape crisis centers, and police departments nationwide.

We provide prevention education programs that reach tens of thousands of teenagers in public schools each year…
Adolescents are at high risk for rape and other forms of sexual abuse. The RTC is at the forefront of developing innovative programs to reduce the incidence of victimization in this age group.

RTC staff work on-site in high schools to inform adolescents about sexual assault and to help them develop and practice self-protection skills.

In addition, the RTC provides Roads to Respect®, an innovative awareness and prevention program for middle schools that addresses the problem of peer sexual harassment among students.

The RTC also publishes and distributes special educational materials for adolescents, including the magazine HOW IT HAPPENS®.

We created a model facility for children who are suspected victims of sexual abuse…
Stuart House, an innovative facility established by the RTC, remedies many of the problems in the traditional system that often revictimize these profoundly traumatized children, such as multiple, repetitive interviews in cold, institutional settings; low prosecution rates; and critical shortages in expert medical care and therapy services. The following stories illustrate some of these problems:

John, a seven-year-old boy was sodomized on multiple occasions by a neighbor. After the doctor discovered his victimization, John was interviewed by more than a dozen different professionals representing six different agencies. Eight months later, the case still had not been filed for prosecution.

Mary, a four-year-old girl, was sexually assaulted by a man who was an acquaintance of her family. She was given three different pelvic examinations at various medical facilities because of a lack of coordination among agencies and the unavailability of properly trained physicians.

Stuart House was created to solve these problems by looking at the system through a child’s eyes. Stuart House brings together — in one location — police, prosecutors, and child protection personnel from various agencies who work together as a team in a special environment designed for children. The close collaboration among agencies eliminates unnecessary interviews of traumatized children, ensures that crucial services are provided, and enhances evidence collection and prosecutions. Stuart House also has a comprehensive treatment program that provides individual, family, and group therapy services for child victims and their families, as well as a Court School for children who testify in criminal proceedings. Stuart House has received international recognition as a model program. It is one of the most comprehensive facilities of its kind in the country.

We provide consultation and public information…
The RTC serves as an information resource for the news media, television and film production companies, government agencies, citizens, and victim service providers across the country on issues related to rape and sexual assault, child sexual abuse, the impact of victimization, and crime prevention. The RTC’s 911rape online information service provides facts, resources, and information about rape and sexual assault for victims and the general public.