Death penalty and rape

The law of a land in some way reflects broadly the collective morality and sensibility of the people .

In the context of rape , it is considered a heinous crime across the world . However there may be

variations in legal particularities. Therefore before one delves into the question and philosophy of

crime and punishment , it is important to know the rape related law of the land , that is , India.

The rape laws in India after the Criminal Law (amendment) Act of 2013 , defines rape to be acts

like penetration of penis or any object or any part of body to any extent, intothe vagina

,mouth,urethra or anus of another person or making another person do so, apply of mouth or

touching private parts constitutes the offence of sexual assault. " The section has also clarified that

penetration means "penetration to any extent", and lack of physical resistance is immaterial for

constituting an offence. Except in certain aggravated situations the punishment will be

imprisonment not less than seven years but which may extend to imprisonment for life, and shall

also be liable to fine. In aggravated situations, punishment will be rigorous imprisonment for a term

which shall not be less than ten years but which may extend to imprisonment for life, and shall also

be liable to fine. "

Capital Punishment on the other hand ,by the same amendment has been given as the maximum

possible punishment in cases of rape that leads to death or leaves the victim in persistent vegetative

state or to repeat rape offenders.

Now coming to the question of rape , stopping rape and death penalty- we have three different

points of contentions . First, while a lot can be raised about the legal definition of rape -for

example , gender neutrality , marital rape , identity protection of the victim etc which are not

covered , i would rather delve into the societal mindset that considers it heinous is it because of

the mental trauma or is it because the sexual nature of the crime . This is important because the root

of the mindset to punish the convicted rapist with death lies here. The idea that body organs in a

woman such as vagina, anus , breasts is 'out of bounds' , 'untouchable' and therefore anything to do
with them has a extreme reaction from the society . For example , any form of exploitation which is

not sexual may at most garner sympathy but is 'understood' to be the reality unlike the sexual which

is denied this kind of reality making it rare or rarest of rare. This argument might seem outrageous

, but if we try to see this in context of work it become very apparent. The way patriarchy treats sex

'work' in contrast to domestic work is very different . This i claim is the reason we are outraged

most in cases of rape the outrage is fueled by the patriarchal narrative imbedded too deep in us . It

is as if the women body has been divided into parts that are 'ok' to exploit in a sense and parts that

makes the 'object' that is the women 'unusable' . Paradoxically , rape is therfore ,considered the

maximum harm that patriarchy inflicts on a women .

Second, the idea punishment can be condidered to be either for 'correcting' or for 'setting an

example' or both . In case of rape , if we give in to this narrative , even in a positivist sense , there is

hardly any correlation . Neither has punishment of death or anyhing less extreme has ever been able

to 'check' this crime.The third contention that is , death penalty then, it seems to be a way to satiate

the patriarchal ego and nothing more.