“Why India Hasn’t Imposed the Death Penalty for Rapists: Exploring the Rationale Behind Legislative Decisions”

As an advocate, I often find myself confronted with a recurring question: why hasn't the Indian legislature imposed the death penalty for rapists? The complexity of this issue defies a simple explanation, yet it continues to provoke impassioned debates and protests against lawmakers. Recognizing the need to address this query comprehensively, I have embarked on writing this article. It is dedicated to all those who have raised this question and to those who advocate for stricter punishments for rapists in India. Through this article, I aim to shed light on the multitude of reasons behind the absence of death penalty legislation for rapists, offering insight and understanding to all those seeking answers.

The issue of capital punishment for rape in India has sparked heated debates, with some advocating for its implementation as a deterrent, while others argue against it on moral, legal, and practical grounds. Here are compelling reasons why prescribing death penalty for rape cases in India may not be the most effective solution:

1. Failure to Address Root Causes: The death penalty does little to address the root causes of rape, such as deep-seated societal attitudes, gender inequality, and lack of education. Tackling these systemic issues through comprehensive social reforms and educational initiatives would be more effective in preventing sexual violence.

2. Risk of Wrongful Convictions : India's criminal justice system is not infallible, and there have been instances of wrongful convictions. Implementing the death penalty for rape cases increases the risk of executing innocent individuals, denying them the chance for exoneration. .

3. Impact on Survivors : For survivors of rape, the pursuit of justice can be a traumatic and arduous process. The imposition of the death penalty may inadvertently

discourage survivors from reporting incidents, fearing retribution or the burden of being responsible for someone's death.

4. Potential for Retaliation : Introducing the death penalty for rape could escalate violence, as perpetrators may be more inclined to murder their victims to eliminate witnesses and evade harsher punishment.

5. Focus on Rehabilitation and Support: Instead of advocating for punitive measures, efforts should be directed towards supporting survivors and rehabilitating perpetrators. Access to trauma-informed care, legal assistance, and mental health support can facilitate healing for survivors, while rehabilitation programs can address the underlying factors contributing to offenders' behavior.

6. International Human Rights Standards: Many countries and international organizations oppose the death penalty, considering it a violation of fundamental human rights. By abolishing the death penalty for rape, India would align itself with global norms and commitments to uphold human dignity and the right to life.

In conclusion, while the heinous nature of rape demands a robust response from the legal system, prescribing the death penalty may not be the most effective or ethical solution. Instead, India should focus on preventive measures, survivor support, and rehabilitation to address sexual violence comprehensively and promote a safer society for all.