Why the death penalty will not solve India’s rape problem, but speedy justice would go a long way

Amrit Dhillon says the Indian government’s move to introduce the death penalty for rapists of girls is a symbolic gesture with an eye on the elections rather than an effective tool to deter the crime

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People hold placards at a protest against the rape of an eight-year-old girl, in Kathua, in the Indian state of Jammu and Kashmir, a teenager in Unnao, Uttar Pradesh state, and an 11-year-old girl in Surat in Gujarat state at a demonstration in Ahmedabad on April 22. Photo: Reuters

Published: 3:45pm, 4 Aug 2018Updated: 3:52pm, 4 Aug 2018

On Monday, India did what it does best – pass laws that fail to fix whatever crime they are meant to fix. In this case, members of parliament voted in favour of a bill introducing the death penalty for convicted rapists of girls under the age of 12.

The new law is the result of the outrage that erupted following the gang rape and murder of an eight-year-old Muslim girl in the state of Jammu and Kashmir in April. Since then, other horrific cases of the rape of minor children have been reported, adding to the shock and the very understandable desire for retribution. But who are the members of parliament kidding if they think this will stop girls being raped? It is purely a symbolic gesture, a gimmick. It’s easy to pass laws but much harder to apply your mind to issues that really matter.

One such matter is improving the way police investigate rape cases so that there is a higher rate of conviction than the current 25 per cent, according to 2016 figures. The methods used by the police to collect evidence are often hopeless, resulting in a weak case that fails to get a conviction. Knowing they are likely to get off is a real encouragement to rapists.

The other is overhauling the decrepit criminal justice system so that trials end quickly, giving justice to the victim and punishment to the guilty. The existing laws are sufficient to punish child rapists but because the legal system is clogged with around 30 million pending cases, it can take many years before a trail is concluded and a verdict given.

Protesters in Amritsar, India. hold up photos of the eight-year-old girl who was raped in the Indian state of Jammu and Kashmir, at a rally on April 15. Photo: EPA-EFE

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