Tag: Death Penalty For Rapists

‘Nothing Short of Death Penalty in RG Kar Rape Case is Acceptable’

By LokMarg

Debalina Das Majumdar, an MNC professional, reflects on the RG Kar rape-murder case verdict and questions the message we are sending to society. Her views:

Can women ever feel truly safe in a society where one is brutally raped and murdered at her workplace? It took six months to deliver a verdict in Abhaya’s case—six months to address an atrocity that shook the conscience of many.

A court in Kolkata’s Sealdah sentenced Sanjoy Roy to life imprisonment “until his last breath” for the rape and murder of a junior doctor at the state-run RG Kar College and Hospital. Roy, a 35-year-old civic volunteer, was convicted under Sections 64 (punishment for rape), 66 (punishment for causing death or a persistent vegetative state to a woman), and 101 (1) (murder). The ruling, delivered five months after the August 9 incident that sparked outrage and massive protests from doctors in West Bengal, declared that it wasn’t a “rarest of rare” case. The court also ordered the state government to pay ₹17 lakh as compensation to the victim’s family.

I read the entire verdict and feel deeply agitated and disturbed with it. A woman was brutally raped and murdered, that too at her workplace, and yet it was not considered a “rarest of the rare” case! A doctor—someone who had spent her day working tirelessly to help others—was attacked in her own workplace while trying to rest. She was violated, brutalized, and killed. If this does not qualify as rarest of the rare what will?

This thought keeps haunting me. A human being—someone’s daughter, someone’s loved one—was murdered after being sexually assaulted. There were numerous injuries on her body then how is this not rare or heinous enough? I can’t stop thinking about the pain her family must be enduring. This was an atrocious crime. Just imagining her suffering sends shivers down my spine.

I strongly believe there should be a death penalty for such monsters. Life imprisonment feels like a slap on the wrist. And even that can be shortened on grounds of “good behaviour” or health issues. What message does this send to society? Can crimes like these be forgiven?

ALSO READ: ‘Men Continue to Violate Women Without a Shred of Fear’

This is not justice. It’s infuriating. If someone can commit such unspeakable acts and still have a chance to return to society, then what safety do the rest of us have? As a woman, I feel unsafe and agitated. As a human being, I feel heartbroken. We live in a time of advanced technology, awareness, and education, yet these horrors persist. Our legal system needs to be stronger. There must be laws that leave no room for leniency in cases like these.

Awareness must begin from childhood. Children need to understand the consequences of committing crimes. They need to know that heinous acts like rape and murder will lead to the harshest punishments—without exceptions.

Are we so desensitised as a society? We must demand justice not just for this woman, but for every victim who has suffered in silence. If we allow such leniency, what kind of example are we setting for the future? Crimes like these demand the death penalty. We need to set a precedent—one that says unequivocally that such acts will not be tolerated.

My heart aches for the victim, her family, and everyone who has been forced to live with the aftermath of such crimes. We cannot remain silent. We need change. And we need it now.

As told to Mamta Sharma

How Nirbhaya Convicts Will Be Hanged In Tihar Jail

By LokMarg

Four rapists, who were on Tuesday issued a black warrant by a Delhi court for brutally raping and murdering a 23-year-old physiotherapy student, are expected to be hanged according to directives prescribed under the Delhi Prison Rules, 2018.

Since the death sentence was awarded to the convicts named Pawan, Akshay, Vinay and Mukesh years ago, the issuance of black warrant or death warrant by the court merely confirmed the date and time of their hanging.

More than seven years after the horrendous act was committed, the rapists are now scheduled to be executed on January 22 at 7 am in New Delhi’s Tihar jail. What procedure will the prison authorities follow to hang the rapists?

Firstly, they will be kept in isolation cells until the date of their execution. According to the manual, if desired by the prisoner, jail authorities have to inform their relatives and facilitate their last meeting.

The convict facing the gallows is also allowed to prepare his will.

Days before the execution is slated to be carried out, the Superintendent of the prison will inspect the gallows and the rope which is to be put around their neck for execution.

The official is also entrusted to see if the rope, made of either cotton yarn or manila, is carefully tested.

“As a rule, a dummy or a bag of sand weighing 1 and 1/2 times the weight of the prisoner to be hanged and dropped between 1.83 and 2.44 meters will afford a safe test of the rope,” the rules states.

The rules also go into great detail about the weight of the prisoner and the corresponding height from which he should be hanged.

For example, if a prisoner weighs less than 45.360 kilograms, he should be given a drop of 2.44 meters so that the rope does not break during the execution. “If he weighs more than 90.720 kilograms, a drop should be of 1.830 meters.”

The extreme limits of 1.83 meters and 2.44 meters are adhered to as per the physical peculiarity of the prisoner. Wax or butter is also applied to soften the ropes.

The rope for the execution of Parliament attack case convict Afzal Guru in February 2013 was brought from Bihar’s Buxar jail.

The prison rules also categorically mention that the execution should take place early in the morning before it gets bright.

The prison rules state that Superintendent, Deputy Superintendent, medical officer-in-charge and a resident medical officer should be present at all executions. If so desired by the person to be hanged, a priest of his faith is allowed to be present at the place of hanging.

No other person, especially relatives of the prisoner, should be allowed to witness the execution. The jail authorities may, however, permit social scientists, psychologists, and psychiatrists, etc. to conduct the research there.

On the morning of the execution, the Superintendent has to make sure if any communication is awaiting him regarding the execution. He should then visit the prisoner in his cell and get any document requiring his attestation, such as a will, signed by him.

Next, the hands of the prisoner are pinioned behind the backs after which he is escorted to the scaffold guarded by the head warder and six warders, two walking in front, two behind and two holding arms.

On arrival of the prisoner near the scaffold, the Superintendent confirms his identity to the Magistrate. He then reads the warrant to the prisoner in a language he understands.

A cotton cap, with a flap, is then put on the face just before he is taken to the gallows-enclosures.

The prisoner should not be allowed to see the gallows. According to the manual, after entering the gallows, “the prisoner shall mount the scaffold and be placed directly under the beam to which the rope is attached, the warder still holding him by the arms”.

The executioner then straps the prisoner’s legs tightly together and adjusts the noose around his neck. The Hangman is paid by the government of Delhi for the execution of each prisoner. The person to execute the four convicts in the Nirbhaya rape case is being brought from Uttar Pradesh’s Meerut district.

Subsequently, the Superintendent should make sure that the rope around the neck of the prisoner is adjusted properly and the knot is placed in a proper position.

“The warders holding the prisoner’s arms shall now withdraw and at a signal from the Superintendent, the executioner shall draw the bolt”

The operations should be done simultaneously and as quick as possible. “On completion of all these operations, the Superintendent shall give a signal, on which the executioner in-charge shall push the lever to release the trap-door,” the manual stated.

When the trap-door is opened, the prisoner falls through and dies. After the execution, the body remains suspended for half an hour before being taken down or until the Resident Medical Officer has certified that “the life is extinct”.

The Supreme Court in Shatrughan Chauhan judgment in January 2014 made it mandatory to conduct a post-mortem after the hanging.

It is then disposed of according to the requirement of the religion the deceased belong to.

The body can also be handed over to the relatives if they give an undertaking that they will not make a public demonstration of the cremation of the executed prisoner.

“The body of the executed prisoner shall be taken out of the prisoner with solemnity. A municipal hearse or ambulance shall be used for the transportation of the body to the cremation or burial ground,” the rules state.