Synopsis:
In the wake of horrific incidents of sexual violence, governments often respond with harsher laws and calls for the death penalty. However, such measures may be more political than practical, serving as distractions from deeper societal issues that perpetuate violence against women. This article explores whether stricter punishments truly deter crime, or if broader social reforms are necessary to effectively address the root causes of sexual violence in society.
The Persistent Call for Harsher Rape Laws: A Political Distraction?
In the aftermath of heinous crimes like the rape and murder of the doctor at R G Kar Medical College in West Bengal, governments often resort to the same playbook: implement harsher rape laws. The West Bengal government’s Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024, proposes more stringent measures, including the death penalty for cases where rape results in death or permanent vegetative state. These measures reignite the debate on whether harsher rape laws truly serve to prevent sexual violence or are merely a political tool to pacify public outrage.
Such laws are not new. The demand for stricter punishments emerged after high-profile cases like the 2012 Delhi gang rape and the Kathua and Unnao child rape cases. In the face of public pressure, governments frequently choose to appear tough on crime, but as Mahatma Gandhi once said, “An eye for an eye makes the whole world blind.” This sentiment raises the question: do harsher rape laws, including the death penalty, actually deter sexual violence?
The Focused Keyword: Harsher Rape Laws
The call for harsher rape laws is based on the assumption that fear of punishment can deter potential criminals. However, experts argue that the problem lies not in the severity of punishment, but in the certainty of being caught and convicted. Conviction rates for rape in India remain dismally low, hovering under 30%. Without meaningful improvements to investigations and trials, harsher punishments are unlikely to have the intended preventive effect.
In 1983, the Supreme Court of India declared the mandatory death penalty unconstitutional in Mithu v. State of Punjab. Yet, new laws continue to propose it. The insistence on capital punishment overlooks the broader context of sexual violence in society—a context shaped by gender inequality, entrenched caste systems, and a justice system that struggles to hold perpetrators accountable.
Historical Lessons: Crime and Punishment
Throughout history, civilizations have grappled with crime and punishment. Ancient codes like Hammurabi’s Code—famous for the principle of “an eye for an eye”—were rooted in retributive justice. Yet, as societies evolved, so too did our understanding of justice. The Roman Empire, for example, developed systems where punishment was aimed at deterrence and rehabilitation, not just retribution.
The question remains: does retribution prevent crime? In the 18th century, philosopher Cesare Beccaria, in his work On Crimes and Punishments, argued that punishments must be swift and certain to deter crime, but they need not be severe. This idea aligns with modern criminology, which emphasizes that the certainty of punishment is more important than its severity.
The issue with harsher rape laws lies in their implementation. For punishments to be effective deterrents, the criminal justice system must be equipped to ensure speedy trials, fair investigations, and a high conviction rate. Unfortunately, in India, the process of securing justice for rape survivors is fraught with challenges, including delayed investigations and inadequate legal protections for victims.
The True Causes of Sexual Violence
The demand for harsher rape laws fails to address the root causes of sexual violence. The dominant view of rape as an isolated crime committed by “deviant individuals” misses the broader societal context in which this violence occurs. As feminist scholar Angela Davis pointed out, “Rape is an act of violence, but it is also an expression of a larger structure of power.”
Sexual violence is often a manifestation of deeply entrenched power imbalances, including gender, caste, and religious hierarchies. In India, over 90% of rape cases involve perpetrators who are known to the victim, debunking the myth that most rapes are committed by strangers. The notion of “stranger danger” has dominated the public discourse around rape, but the reality is that sexual violence is more commonly perpetrated by those within the victim’s community or family.
The intersectionality of oppression—where gender, caste, and religious identities overlap—further complicates the issue. Women from marginalized communities, particularly Dalits, are often disproportionately affected by sexual violence, and they face additional hurdles in seeking justice. In such cases, harsher rape laws do little to address the systemic inequalities that leave these women vulnerable.
Why Harsher Rape Laws Don’t Address Societal Failures
Criminologists around the world have long argued that it is the certainty of punishment, not its severity, that deters crime. This principle is echoed by renowned sociologist Émile Durkheim, who believed that crime and punishment are not just legal issues, but social phenomena. The presence of harsher rape laws gives the illusion of action but diverts attention from systemic failures.
A critical issue in India’s criminal justice system is the low conviction rate in rape cases. Many factors contribute to this, including inadequate police investigations, lack of prosecutorial expertise, and the prolonged duration of trials. These systemic problems make it difficult to hold rapists accountable, even in cases where the law prescribes severe penalties.
For example, in many cases, survivors of rape face hostile environments when filing complaints. Police often delay the registration of First Information Reports (FIRs), and survivors are subjected to humiliating and invasive medical examinations. Witnesses in rape cases frequently lack protection, and this forces many survivors to drop charges or settle out of court. Without significant reforms in these areas, harsher rape laws will remain ineffective in combating sexual violence.
The Death Penalty Debate: Does It Serve Justice?
One of the most contentious aspects of harsher rape laws is the introduction of the death penalty for rapists, particularly in cases where the victim dies or is left in a vegetative state. Proponents argue that the death penalty is a proportionate response to the gravity of the crime. However, many legal scholars and human rights activists disagree.
In her famous work Against the Death Penalty, Justice Ruth Bader Ginsburg emphasized the moral and ethical dilemmas posed by capital punishment. She argued that the death penalty does not align with the principles of justice and equality. In the context of rape, particularly, the death penalty reinforces the patriarchal notion that a woman’s worth is tied to her sexual purity—an idea that feminist movements around the world have long fought to dismantle.
Moreover, the death penalty’s supposed deterrent effect is questionable. In countries like the United States, where capital punishment is still practiced in some states, studies have shown no conclusive evidence that the death penalty reduces crime. In fact, the irreversible nature of the death penalty raises concerns about wrongful convictions, especially in a criminal justice system as flawed as India’s.
Broader Social Reforms Are the Answer
Instead of focusing on harsher rape laws, we must look at broader social reforms that can address the root causes of sexual violence. These reforms should encompass education, gender sensitization, and a shift in societal attitudes towards women. Programs that educate men and boys about consent, respect, and equality can help challenge the toxic masculinity that often underpins sexual violence.
In addition, significant reforms are needed in the criminal justice system to ensure that rape survivors have access to justice. This includes improving police investigations, providing legal aid to survivors, and creating a more victim-centric approach to prosecutions. For example, the implementation of robust witness protection programs can ensure that survivors and their families are not coerced into dropping charges.
Ultimately, it is society’s collective responsibility to create an environment where women feel safe and empowered. As American writer Audre Lorde famously said, “The master’s tools will never dismantle the master’s house.” In other words, relying solely on harsher rape laws—the tools of a broken system—will never solve the problem of sexual violence. We need to rethink our approach and focus on long-term solutions.
The Role of Governance and Leadership
Strong governance is essential for any meaningful change. Governments must go beyond the superficial implementation of harsher rape laws and take concrete steps to improve institutional accountability. This requires not only political will but also resources to build capacity within the criminal justice system.
Investments in training police officers, judges, and prosecutors to handle rape cases sensitively and efficiently can go a long way in ensuring justice for survivors. In addition, strengthening forensic capabilities can improve the quality of evidence, reducing the risk of wrongful convictions while increasing the likelihood of securing convictions in genuine cases.
Leadership matters. The leaders we elect must prioritize the safety of women and enact policies that address the root causes of violence. This requires not only legislative changes but also shifts in public policy and the allocation of resources toward social programs that promote gender equality.
Conclusion: A Holistic Approach to Combating Sexual Violence
The focus on harsher rape laws is a political strategy designed to appease public outrage, but it does little to prevent sexual violence. A holistic approach—one that addresses the root causes of violence, promotes social reforms, and strengthens the criminal justice system—is necessary to make meaningful progress.
While tougher laws may give the appearance of action, they are not a substitute for long-term societal change. It is time to move beyond retribution and focus on prevention, justice, and equality. Sexual violence will only be curbed when society as a whole, including its legal and political systems, takes collective responsibility for creating a safer, more just world for women.
Sunil Garnayak is an expert in Indian news with extensive knowledge of the nation’s political, social, and economic landscape and international relations. With years of experience in journalism, Sunil delivers in-depth analysis and accurate reporting that keeps readers informed about the latest developments in India. His commitment to factual accuracy and nuanced storytelling ensures that his articles provide valuable insights into the country’s most pressing issues.
