Source: The Hindu 

Introduction 

The Aparajita Woman and Child Bill, proposed by West Bengal in 2024, seeks to introduce the death penalty for rape. This bill comes in response to a brutal rape and murder case in Kolkata. While it has passed in the state assembly, it's now under consideration by India's President. The bill introducded with the aim to amend the death penalty in India, especially for sexual offenses, against a stage of high rape statistics across the country. 

What is the Death Penalty Status ? 

India  

• India uses the death penalty recently, under the new Bharatiya Nyaya Sanhita (BNS), which is a new criminal law has increased the number of offence punishable by death increased from 12 to 18. 
•  In 2023, most death sentences (64 cases) were given for murder involving sexual offenses. 
• There's often public demand for the death penalty in cases of sexual violence, especially against women and children.  
  • This is sometimes rooted in cultural and religious ideas of justice. 
• The Justice Verma Committee (2013) recommended regressive step in the field of sentencing and reformation.  against using the death penalty for rape cases, arguing it wouldn't deter such crimes.  
  • They also suggested removing the exception for marital rape. 
• The government didn't follow these recommendations when amending laws in 2013 and has continued to expand death penalty-eligible crimes. 
• Some argue that focusing on harsh punishments hasn't improved women's safety. There's a call for "abolitionist feminism" - a movement to end the death penalty and life imprisonment without parole for sexual offenses. 

Other Countries

• By the end of 2023, about 75% of countries had abolished the death penalty, either in law or practice. 112 countries had completely abolished it for all crimes. 
• In South Asia, only Bhutan and Nepal have fully abolished the death penalty. India, Afghanistan, Bangladesh, and Pakistan still retain it. 
• Death row prisoners in India often face severe health issues and long wait times. Some are later found innocent, highlighting flaws in the justice system. 
• Globally, executions increased by 20% from 2020 to 2021, but the overall trend since 2015 shows a decline in capital punishment use. 
• China remains the world's top executor, though exact figures are kept secret. 
• Recent countries to abolish the death penalty include Kazakhstan and Papua New Guinea, with Malaysia expected to follow. 
• Project39A reports that in 2023 alone, India had 120 recorded death sentences. 
• There were 561 people under the death sentence in India at the end of 2023, a constant rise since 2019, when it was 378.  
  • It is also the highest death row population in a calendar year in around two decades. 

What is Project 39A ? 

About: 

• The project is named after Article 39A of the Indian Constitution, which promotes equal justice and free legal aid. 
• It aims to improve India's criminal justice system, with a special focus on the death penalty. 
• Area Focus in Project 39A 
  • Death penalty: They're particularly concerned with how capital punishment is used in India. 
  • Torture prevention: They work to stop the use of torture in the legal system. 
  • Legal aid: They help ensure access to lawyers for those who can't afford them. 
• Project 39A is based at the National Law University in Delhi. 

Report : 

• As of 31^th December, 2023, 561 prisoners were on death row in India, the highest number in nearly 20 years. 
• In 2023, Indian trial courts sentenced 120 people to death. 
• The Indian Parliament passed new criminal laws in December 2023, replacing older codes:  
• The new Bharatiya Nyaya Sanhita increases death penalty-eligible crimes from 12 to 18. 
• The Bharatiya Nagarik Suraksha Sanhita,2023 sets new rules for death row prisoners filing mercy petitions. 
• The Supreme Court has ordered a review of hanging as an execution method, 40 years after it was approved in a 1983 case. 
• High Court decisions in 2023:  
  • Confirmed 1 death sentence 
  • Commuted 36 death sentences to lesser punishments 
  • Acquitted 36 prisoners previously sentenced to death 
  • Remitted 5 cases for retrial or resentencing 
• Supreme Court decisions in 2023:  
  • Confirmed no death sentences 
  • Commuted 3 death sentences to lesser punishments 
  • Acquitted 6 prisoners previously sentenced to death 
  • Remitted 2 cases for retrial or resentencing 

State wise Distribution of Persons on Death Row

How Can Victim-Centered Reforms Enhance Support for Survivors of Sexual Violence? 

• Victim-centered reforms are needed in legal procedures and institutions to better support survivors of sexual violence. 
• The death penalty should be abolished as it allows the state to avoid substantive reforms in law enforcement, prosecution, and judiciary. 
• Legislators should base criminal justice policies on evidence and research rather than populist reactions. 
• Laws, including those governing contracts, family, labor, and property, significantly impact the socio-economic status of women and children, particularly from marginalized communities. 
• There is a need for public and judicial awareness campaigns to debunk the myth that the death penalty reduces violence against women and children. 
• Legal reforms should focus on promoting gender equity in both private and public spheres, rather than relying on severe punishments like the death penalty. 

Conclusion 

The death penalty in India, particularly in relation to sexual violence, critical need for victim-centered reforms. While harsher punishments may seem like a solution, they often distract from essential changes in law enforcement and judicial processes that truly support survivors. To increase gender equity and combat violence against women and children, legal reforms must focus on education, awareness, and systemic changes rather than merely increasing penalties.