West Bengal death penalty bill 'an attempt to deflect attention from widespread protests'

By Kirity Roy*

The West Bengal government has put forth a new anti-rape bill that aims to impose capital punishment on individuals convicted of rape in cases where 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 support from the Bharatiya Janata Party (BJP), the primary opposition party in the region.

This legislation has emerged in the wake of the tragic rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital. This horrifying incident, which took place on August 9, 2024, has shaken the nation's conscience. The brutal attack on a 31-year-old doctor at her workplace has highlighted significant failures within the State Health Department, the police investigation, and the broader administrative framework in West Bengal.

In response to this egregious act and the persistent demands for justice from citizens across the state, the West Bengal government introduced this bill, which many view as an attempt to deflect attention from the widespread protests against the systemic failures that allowed such violence to occur.

However, the introduction of the death penalty does not provide a comprehensive solution to the issue of crime, as it fails to tackle the underlying causes and intricacies of criminal behavior. There is no solid empirical evidence to suggest that capital punishment effectively deters crime. A civilized society cannot accept the notion of retribution through execution, as it merely perpetuates a cycle of violence.

Both Article 21 of the Indian Constitution and Article 3 of the Universal Declaration of Human Rights underscore the right to life, liberty, and personal security, all of which are violated by the death penalty. To date, 112 countries have abolished capital punishment in all circumstances, while an additional 9 have done so for common law offenses, and 23 other nations are in the process of eliminating it. Nonetheless, 55 countries, including India, maintain the death penalty.

In the aftermath of the Nirbhaya rape and murder case, the Justice Verma Committee recommended against the death penalty

It is crucial to recognize that the fight for women’s rights is intrinsically linked to the struggle against systemic patriarchy in India. It is disheartening to see laws, courts, parliaments, and governmental bodies perpetuate a flawed system that fails to protect the vulnerable.

In the aftermath of the Nirbhaya rape and murder case, the Justice Verma Committee recommended against the death penalty, stating, "In the larger interests of society, and considering current sentiments favoring the abolition of the death penalty, we are not inclined to recommend such a punishment." Yet, ruling political parties continue to advocate for capital punishment as a means of delivering justice for personal and political agendas.

Mahatma Gandhi’s poignant assertion that “an eye for an eye makes the whole world blind” serves as a crucial reminder that violence cannot resolve violence. The cycle of revenge and state-sanctioned killings only exacerbates existing societal issues. True leadership should prioritize reconciliation over retribution.

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*Secretary of Banglar Manabadhikar Suraksha Mancha (MASUM); National Convenor for the Programme Against Custodial Torture & Impunity (PACTI)

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