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Preeti Rathi verdict reignites debate: Does capital punishment reduce crime?

The death sentence handed to Ankur Panwar has reignited the debate on capital punishment and its effectiveness as a deterrent to other criminals

Updated on: Sep 9, 2016, 10:19:30 IST
Hindustan Times | By , Mumbai
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The death sentence handed to Ankur Panwar has reignited the debate on capital punishment and its effectiveness as a deterrent to other criminals. Senior criminal lawyer Amit Desai says that there is “adequate data around the world” to show that it doesn’t act as a deterrent and a growing consensus on its ineffectiveness means more countries are doing away with it.

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“There is a simple question to be considered – is the death penalty a more effective deterrent than incarceration? If it is, the number of offences that carry the death penalty should go down. But as this does not happen, it is apparent that the death penalty is not a deterrent. Though murder invites the death penalty, the number of murders is going up,” Desai said.

Senior advocate Gayatri Singh agreed, saying that capital punishment is more about vengeance than justice. “Are we talking of vengeance or justice? The convict has to be punished and made to repent. Long-term incarceration does that effectively. All convicts must be given a chance to reform,” she said.

Rohini Salian, a former special public prosecutor, said, “The Supreme Court has set guidelines to determine if a case falls in the rarest-of-rare category and there is no room for courts to be emotional. If there is any chance that a convict can be reformed, he or she must be given a chance,” she said.

However, most experts said that certain crimes – such as terrorism and gang rape – do merit capital punishment.

The Acid Survivors’ Foundation India (ASFI) said death is a fitting punishment for acid attacks. “An acid attack is one of the worst forms of violence. It has irreparable effects, even when the victim survives, so why should the convict get any chance at life?” said Pranali Shah of ASFI’s western India chapter.

  • Ayesha Arvind
    ABOUT THE AUTHOR
    Ayesha Arvind

    Ayesha Arvind is a Senior Assistant Editor specialising in legal and judicial reportage. She covers High Courts and tribunals across southern India, and believes that important legal developments do not only come from New Delhi. Her work focuses on bringing significant decisions and developments from the region to a wider audience and explaining what they mean beyond the courtroom. She tries to make legal material accessible by translating legal jargon into clear, readable prose and putting pleas, lawsuits, judgments and legal developments in context. She also looks at their political realities and practical consequences for people. Ayesha is committed to the standards of integrity journalism requires. She places a premium on accuracy and fairness, and believes that journalism's powerful voice must be tempered by humility and a sense of proportion. Over almost two decades in journalism, she has covered law and order, civil law, crime and other areas of legal affairs. Her work includes breaking news, legal affairs stories, online analysis and commentary. Ayesha is deeply interested in the law, court judgments and the Constitution because they shape everyday life. She believes every citizen should have a basic understanding of them. What she enjoys most about covering courts is that every story brings something new to learn.Read More