New Delhi, Dec 19 (IANS) Dismissing statements that rape be considered equal to murder and that the death penalty be imposed as punishment for it, legal experts and feminists said criminals are deterred by the certainty of punishment, not its severity.
"As far as rape is concerned, police do not take it seriously. Hence, rapists usually go scot-free. There is no certainty of punishment. Hence, would-be rapists have no fear," said Colin Gonsalves of the Human Rights Law Network (HRLN), speaking to IANS.
Gonsalves also dismissed debates in the media on the death penalty for rape, and statements from politicians seeking changes in the law to make rape punishable with the death penalty.
In the aftermath of the gang-rape of the 23-year-old physiotherapist in a running bus in the capital Sunday night, many such statements have featured in the media, even as the victim battles for life at Safdarjung Hospital.
"Politicians are very superficial, the media wants more eyeballs," Gonsalves said, explaining the clamour for the death penalty for rapists.
"I disagree with the logic that capital punishment will be an effective deterrent to potential rapists. The quantum of punishment does not deter crime. In fact, the higher the punishment, the lower the conviction rate," top Supreme Court lawyer K.T.S. Tulsi told IANS.
"What is required is speedy trial. Ensure speedy trials. That would deter would-be rapists," Tulsi said.
"Capital punishment is not the solution. The certainty, rather than the severity of punishment is the real deterrent. If a person is sent to prison for seven years, it would be deterrent enough," Tulsi said.
Other top lawyers agreed that to ensure quicker justice in such cases, there was need for reform in the current legal system.
"Implementation is key," said Soli Sorabjee, former Attorney-General of India, speaking with IANS.
"There is no problem with the prescribed punishment for rape. The fault lies with the way crimes are detected and prevented. Section 376 of the Indian Penal Code (IPC) promises life sentence for rape. What more do you want?" asked Mumbai-based top lawyer Majid Memon, when asked if a more severe punishment would deter rapists.
"Offences need to be prevented by an agile police and conscious citizens. Crimes should be detected and investigated and then, the criminals should stand trial in court in a competent manner. Unfortunately, nothing of this sort is happening," he added.
Noted women's rights activist Urvashi Butalia also said the death penalty was no solution.
"I do not think death penalty is the answer. People who say that are just making grandiose statements without understanding the consequences," she said.
"First of all, women activists have, by and large, been opposed to the death penalty generally. Violent retribution for violence is no answer. The law on rape needs to be changed, indeed even the very definition of rape needs amendment, but even if the existing law were to be properly implemented, that would help," Butalia told IANS.
"If investigations were properly carried out, and evidence collected, that would help. If doctors and attendants in hospitals were trained to ask the right questions and glean proper information, that would help."
"If roads were better lit and there were better transport systems, and the police performed the job they are meant to, that would help. If cases had quick resolution, that would help," Butalia said.
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