Death penalty law in West Bengal ‘an attempt to divert attention from widespread protests’

The West Bengal government has brought a new anti-rape bill that provides for the death penalty for rape victims if the victim dies or is left in a vegetative state. The West Bengal Legislative Assembly passed this controversial bill titled 'Aparajita Woman and Child (West Bengal Criminal Laws Amendment) Bill, 2024' with the support of the Bharatiya Janata Party (BJP), the main opposition party in the region.

In response to this egregious act and the continued demands for justice from citizens across the state, the Government of West Bengal introduced this bill, which many see as an attempt to divert attention from the widespread protests against the systemic failures that enabled such violence.

However, the introduction of the death penalty is not a comprehensive solution to the crime problem because it does not address the underlying causes and intricacies of criminal behavior. There is no solid empirical evidence that the death penalty is an effective deterrent to crime. A civilized society cannot accept the idea of ​​retribution through execution because it only perpetuates a cycle of violence.

Both Article 21 of the Indian Constitution and Article 3 of the Universal Declaration of Human Rights emphasize the right to life, liberty and security of person, which is violated by the death penalty. To date, 112 countries have abolished the death penalty in all circumstances, another 9 countries have done so for common law crimes, and 23 more countries are in the process of abolishing it. Yet, 55 countries, including India, retain the death penalty.

After the Nirbhaya rape and murder case, the judicial committee recommended that Verma reject the death penalty.

It is important to recognise that the fight for women's rights is inextricably linked to the fight against systemic patriarchy in India. It is disheartening to see how laws, courts, parliaments and government bodies perpetuate a flawed system that fails to protect the vulnerable.

After the Nirbhaya rape and murder case, the Judicial Committee recommended that Verma not impose the death penalty, saying, “In the interest of the society and in view of the current mood which favours abolition of the death penalty, we are not inclined to recommend such a punishment.” Yet, the ruling political parties continue to favour the death penalty as a means of delivering justice for personal and political ends.

Mahatma Gandhi's apt statement, “An eye for an eye blinds the whole world,” is an important reminder that violence cannot solve violence. The cycle of revenge and state-sanctioned killing only exacerbates existing societal problems. True leadership should prioritize reconciliation over retribution.

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*Secretary of Banglar Manabadhikar Suraksha Mancha (MASUM); National Chairman of Programme Against Torture and Impunity in Custody (PACTI)