“Hang the Rapist”. We are hearing the growing demand for amendment in the law which would enable death penalty to the rapists. All over India protests and demonstrations are going on to change the law with the provision to hang the rapist.
Delhi-NCR region was always considered the worst place in India for women safety. Recently, a gang rape took place in New Delhi on 16th December. The nature and circumstance of the case took the whole country in surprise and shock. A brutal gang rape took place in a bus moving around Delhi in the early hours of night. The girl and her male friend was severely beaten by rod. After a fight for life for 15 days, the girl died. Her injury by the rod became fatal.
Why people are demanding to hang the rapist?
The demand to amend the law for strict action against rapists is not new. Several times earlier too the demands to ensure the safety of the women and strict action against the rapists has been raised. However, nothing special has been done by any government in this area. Instead to show fewer rape cases on records, police several time try to avoid registering a rape case.
The capital punishment has been abolished in several countries. However, in India, capital punishment is still awarded to the convicts, but only in rarest of the rare. Further, the appeal to revert the decision could be taken up to the Honorable President. Recently, the sole alive captured convict of Mumbai attack had been hanged after refusal from the President for pardon.
In general, when the death penalty is awarded by the civic court, it is for some heinous crimes. However, military court may award this punishment for espionage or at the time of war. In some countries religious crimes also results in capital punishment.
Which is a bigger crime: rape or murder
It is a matter of debate whether murder is a bigger crime or rape. However, in Indian context the growing trend in rape crime has attracted the attention of general public for strict action. The cultural and social factors brings the crime in the class of heinous crime. During my research to write this article, I came across an article Ten Most Heinous Crimes of the Decade. Even though the article is written by California based weekly magazine referring local crime records. Most of the crimes were related to brutal rapes or murders.
A crime is a crime. What makes a crime more heinous is the brutality and motive. Rape is considered more heinous as the motive is fun and entertainment. Take the example of latest Delhi rape case, just to enjoy a few minutes or hours, the convicts ended the life of a woman. Just for fun they commit a crime which resulted in her death.
Don’t get raped
In order to curb the growing cases of rape, two ways which comes to the mind of general public. Either to educate the young ladies how not to get raped or to give such a treatment to the convicts that they would think twice before committing this crime.
The second way to give hard punishment to the rapist is beyond the control of general public. It is against law. General public could not take law in their own hands.
In the process, the first way looks very simple to them and one would find mother, aunties and elders giving the tips to the young girls how to be safe and not get raped. Precaution is a good thing. When we are using knife, we should take precaution in using it. When we are driving we should be cautious. This does not mean that we should fear while driving or using knife. But, ask a lady, they fear roaming in nights. They fear going to an unknown place alone. They even fear to travel in public transport when no ladies are around. The fear is to get raped.
The fear among the ladies is created by the over enthusiast public to prevent their close ones getting raped. The daily newspaper giving one or two news about rape incidents creates more fear among them. In few cases, some victims due to fear could not even fight back the rapists. Obviously, growing cases of rapes are evident that this method used by the public is not correct. As it is not stopping the rapist in any way.
Talk about it
If the public really want to reduce the rape cases, they need to educate the male (youth) not to rape. They should be educated about love and sex. They should understand that sex is about mutual understanding. Women are not just piece of meat to satisfy them. Women have feelings. Sex is earned by love not snatched by force. I can understand that this is not easy. If I am feeling uncomfortable to express myself on the topic. In real time it is not at all easy. But, it is important. It needs to be done. Instead of giving lectures to your daughters, talk to your son. Share with them the feeling of satisfaction after winning the heart of a lady. It is to be won but not by force. Not by force at all.
Hang the rapist
Instead of talking to the male (youth), public wants hard punishment. As any person fears most from his death. They think that death is the hardest punishment that could be awarded to a rapist. When a person is most angry with someone. They don’t think wisely. The first thing that comes to any tempered person is death penalty. Hence, when the public is angry with the growing rape cases. The first punishment that is coming to the mind of any person is to hang the rapist.
Is it justified to hang the rapist?
The only judgment the public knows it to beat the culprit till death. There are many cases where even thief caught red handed by the public was beaten to death. However, judgments are not to be done based on aggression and mood. It should be done wisely.
Trauma felt by the victim and her family
Rape is not a crime committed only in India or Asian countries. It is committed all over the world. Rape becomes a trauma for the whole life for the victim. However, in Asian or African region, honor of the family is associated with women. Rape victims could never forget the moment throughout her life. Her life destroys forever. She can never have a social life afterwards. If she is unmarried, no family would like to accept the victim as their daughter-in-law. Overall, the social condition in the region makes the rape victim to suffer both the trauma of the her experience and consequences of its reaction throughout the life. Each day they live a life like living in hell.
Capital punishment is the softest punishment
Death Penalty is the softest punishment for such a heinous crime. Even though everyone fears death. It is not the most cruel punishment of all. Think of this. The victim throughout her life suffers the deed of the rapist. Each day each moment they suffer the pain. But, what the rapist are getting in punishment. A suffering for just few minutes or even seconds. Is it enough? Do we want to give them such a soft punishment? Ask any victim, their soul wants more. They want the rapists to suffer the similar pain throughout his life that they are suffering. The rapist should be punished in such a way that they feel shame on themselves for committing such a crime.
What should be the punishment for the rapist
There are a lot of punishment that would keep the rapist alive. The punishment should be such that each day the rapist would pray to be dead. Like burn the rapist till such an extent that they would not die. The burned skin and muscles give the unbearable pain. Instead of hanging the rapist, death by stone pelting is also a very hard punishment. These looks good as punishment. But, we live in India not in any Arab nation. We are not cruel in punishment. Human right is a measure issue when we think of hard punishment. However, in the rape cases castration of the convict is an option. It would keep them alive and feel sorry for the crime they did. In my opinion Castration of the rapist with life long imprisonment is the best punishment for them. In India, life imprisonment for than 14 years is rare. But, not uncommon. The rapist should be given till alive imprisonment with castration. However, as India has signed a UN treaty which prohibit life time imprisonment without parole. The sentence could be give to 100 years, 125 years without parole.
Being in prison is not at all a simple punishment when the sentence is for life time. An imprisonment of 14 years gives the convict a hope that they would be free someday. They hope that there would be someone waiting for their return. But, if there is no hope for getting out. No one is waiting for you. The life in itself becomes meaningless. Life without a hope, without a motto, without freedom is not a life. It is hell. Plus don’t forget the condition of prison in our country. Convict will love to go to hell than to be in an Indian prison.
Some might say, why to waste the money of hard-working Indians to keep these rapist alive and feed them. First of all, it will not cost much. Secondly, it will set a live example for them who commit such crimes. And lastly, don’t think they will earn a work free healthy food, three times a day. Corruption is everywhere. Our corrupt system don’t let them have the healthy and hygienic food.
If you have any other suggestions for the punishment within the human right limit. Share with us.
Demand for Changing the Law and its Implication
The demand to hang the rapist is coming along with the demand to strengthen the law and its practice. Like fast track courts for the hearing. Quick response for the complains. More security for the girls. From the perspective of the society, all these are important and need to be implemented.
When we look to the ground reality, the number of FIRs for rapes cases are not the real figures. In many cases where the victim belongs to poor family or dalit family, the police try to avoid the complaint. Many a times they don’t even lodge the FIR. The figures that we see and the original figure is quiet different. In rural or remote areas, more than half of the rape cases are not reported to the police. Out of those which are reported, not for everyone an FIR is registered. One may understand that the whole data of rape cases in India is incomplete and unreal. May be the state who are registering the lowest number of rape cases are actually not registering very few rape cases in their records.
Abuse of law
For the empowerment of women there are Anti-Dowry Laws. These laws are very strict. However, these laws are abused which even supreme court has accepted. See this article: Anti-Dowry Laws being abused in India: Supreme Court.
The implementation of law should be strict. But, it should be kept in mind that these laws should not be abused for personal gains and rivalry.
Many countries has abolished the capital punishment. But, still they are able to keep the crime rate in check. The rapist are not criminal who earn a living committing crimes. They do it for fun and they are among us. They are mentally ill. They commit the rape just for fun. It could be controlled or even stopped by talking with our son, brothers and friends. I don’t like the idea to hang the rapist.
Veena Vaidya says
Hi Abhi, Read this write up. Honestly, I believe that Death is the only punishment that can effectively prevent the same guy from doing the crime ever again. The least that can be done to assure that crime doers will not repeat. Talking WILL NOT solve – either the crime doer is not in the sect of people that we talk to everyday, or they are not willing to heed to the talks – they hear everything and still go for the pleasure hunting. Death however, will ensure that he doesn’t ever repeat the crime on another victim. And it shall be a effective check point for those adventurous first timers who are willing to test and risk being caught. So hard or soft, does not matter. The crime-doer’s death shall certainly bring an unexplainable peace to the wronged. I rest my case. Thanks.
i don’t feel hanging the rapists of delhi incident is good because hanging is the easiest way to die. they will die in not more than a second. this is the least punishment they are going to have if they were given this punishment. the girl whom they have raped have suffered much pain during rape and also during her treatment. she has seen a hell on the earth before death. so the rapists should also face such pain. according to me the punishment should be .. their genetals should be removed, their legs should be removed so that even after getting released from jail they will not get any job to survive, they should be in jail for atleast 30 years. by these punishments they will live their life so hardly. after releasing from jail no one will look after them because without legs they cant work anywhere, so…. its better to have these punishments