Should death penalty be given to Rape cases?

in my point of view the accused person should not be grant for capital punishment, why we left him to die within two minuets when he done such a heinous crime ..... in my point of view his eyes should be taken and given to any blind person through which he/ she can see the world for rest of time........... i know it is difficult to apply in present situation .... but this is only solution for provide a appropriate punishment for rape..... it will also decline the rate of rape automatically...

deterrent punishment have punitive and preventive effects , no reforms are allowed in such case. Expediting the case and hearing is also one of the deterrent factors.

We are facing problem of administration of justice in rape case their are many false cases also , where the accused doesn't get bail.The problem can be solved by just a notification saying that the rape case be heard continuously till the date of judgement, as like done in kasab case.It will certainly bring deterrent effect of quick disposal of case In cases of Rape punishment should have deterrent effect.

The perfect idea of criminal justice is based on neither reformative nor the deterrent principle exclusively, but the result of comprise between them.

In this it is the deterrent principal which possesses predominant influence. It will not be out of place to mention here that Gandhi ji “hate the sin and not the sinner”, is merely a philosophical assertion and can not furnish a practical guide in the administration of justice.

I have seen something about the long-term side-effects of drastic actions/punishments. They are not good. 

Strangely, people commit crimes no matter what kind of draconian measures are in place. I concur with Raju sir, as I have had reports from ex-residents of Arab countries. 

People who want to do something - IF they are sufficiently motivated - will find a number of ways to do it. It's the same case with crime.

If a death penalty [Edit: Or any other drastic measure] is instituted for rape, I AM WORRIED & AFRAID THAT RAPISTS WILL START KILLING WOMEN TO REMOVE WITNESS + EVIDENCE - in one go.

Another aspect of "death penalty to the rapist" is: What will the next generation learn? Are we going to teach them about mercy, tolerance, and understanding OR revenge and hardheartedness? 

This is for those people who have given the argument that rape cases are not there in Arab countries. This cannot be more farther than the truth. The difference between India and the Arab world is that the press is highly regulated here (I am in an Arab country) and these incidents are not reported. People say that the limbs of the thieves are cut in Arab world. I am seeing day-in and day-out robberies happening. Cells being snatched, cars being taken from the owners by hitting them from behind and pretending to help, purses being robbed by pretending to be the police checking the people, etc., etc. 

I have just touched the tip.  There are more serious crimes and rapes and murders are not unheard of.

What we dont realise is that India is a far safer place than most countries due to its free press and a prevelant judiciary as well as police.  There are exceptions, ofcourse.

Is giving the death penalty the only option? Are we concluding that every rape case needs to be dealt like that? Do we assume that the rapist commited that heinous crime really? The facts of the case need to be analysed before passing the judgement of death penalty. As the law says, it is ok if 100 criminals escape but not a single innocent person should be punished unjustly.

Assuming that the crime has been proven beyond doubt, is this the only option?  Can the rapist be reformed?  If he can be, then that should be tried.  If he is beyond reformable stage, then and only then giving the death penalty may be considered a choice. 

Smitha Allen

It's my most humble request that let me have the brakes paddled else there will be no stone left un-turned if I elaborate this to the next level as I've only elaborated only a minor phenomenon, that was only entry level description of situation there is lots and lots to be explored try exploring by yourself if anywhere you are struck, Inbox me. Why inbox well This is a step taken by me to make this place clean as it is expected to be.

Smitha Allen 

May be, god knows.....................

Smitha Allen

When nobody tried to understand my words indirectly so I quoted some direct words and I see no harm in this, I was only defending my very first comment and in it's course the actuality is revealed.

Now can you please stop playing a Blame Game like the politicians?

I see that this debate has "progressed" well. :(

First, some facts.

1. RAPE is a heinous & despicable crime whether it is done to a girl/woman OR boy/man. AND whether perpetrated by girl/woman OR boy/man. 

2. Rape causes an immense flood of negative emotions which are complexly intertwined. Most of the time, it is difficult for the person to deal with these emotions. 

3. Most victims of rape do not report the crime (especially male victims). It is very difficult for the victim to admit being victimized. There is a complex set of reasons at play here -

• The ego is shattered by the inability to foresee the crime and/or the inability to protect themselves;
• The victim sometimes blames herself/himself that they are the cause of the crime;
• Fear of ill-repute ("bad name");
• Fear that the family members, relatives, neighbors, colleagues, etc will blame her/him.

Is any one of us here with God-like power? Can any of us claim to be all-knowing? How can we be sure that a crime has been committed? Therefore, I admire Maithili Patil for her very workable idea. 

Finally, I would like to assure the ladies: Most men understand - at least a little - about the horror of rape. 

Smitha Allen

That I'd say only the freaking mentality of females that like a big portion of their property is taken out. Come on be natural and participate in that act where you get the most of the pleasure comparatively so stop being so much hyper about it and over exaggeration of the concept must stop so that you will know what it takes to being equal in society.  

Gurleen Kaur

For your kind information no one would dare even in dreams to touch my sister and about me I am not wearing bangles that anybody homo or mental freak can dare to have imaginations like this.

I accept the death penalty argument but the Arab world being safe is silly.. here the press is not free and all information doesn't get out. world here is also bad..... but yes the penalty should be severe.... torturous death will a nice place to start

Mohan Murari

Yes I do, because we are really over-concerned when it comes to feminine gender. Why? If they are bragging of equality then the laws must be equal, If there is no law for a rape assault to men then there must not be any for women either.

They are loudly saying that they are exceeding in every aspect so now it is really the time for the law to be completely opposite and the reservation pattern to be revised and reversed then only our India will value the talents wasted in form of brain drain or being criminalized.

Thus the best way is to take off their main weapon used against men that is the rape accuse, let me know if any girl of your neighborhood accuses you of the same rape then what will be the next situation? let me make it very clear then you will be declared guilty and in that case would you like to be dead or take rigorous imprisonment for no good fault at all? The situation will be like the popular adhere "Khaya peeya toh kuch nahi gilaas tora barah aana"    

Mohan Murari

Even I am hurt when a simple natural phenomenon is overhyped and is actually being mis-utilized by genders especially the females tend to use it as a weapon to get their wishes fulfilled. Even I am more hurt when a wife accuses her husband for the rape, man this is a complete bizarre. We have witnessed innumerable cases where men were not in the act but are accused and our Indian law and order is so weak when it comes to females that they actually use this section of rape for getting more income or appraisal in the job front, or even to get a job.

Would you like to contradict my statements? if so I welcome you to please let me know if I am giving out false facts.

That is why I am against the death sentence for a natural act. Moreover I am not an emotionally driven person, I use logic and there is no inhumanity in that.

Smitha Allen 

Come on, please don't over-hype a simple act of sexual gratification forcibly and without the consent of the other gender which is otherwise termed as rape.

Please let me know how will you prove this sexual gratification as equal to a murder where a person is actually dead. In a rape no person is dead but suffers pain in the organs and nothing more serious like the loss of life. It is just simple thing and quite natural that if a person irrespective of gender is away from the act for a long period then the senses might force that individual to get it by applying force, just like if you are unable to get the paste out of the tube then you tend to apply force.

If you can prove it to be like a murder then I'll really appreciate it.

A rapist doesn't do that heinous crime out of choice, there are situation and frustration which drives a person to commit that. At first sight every rapist seems to be criminal but it may be his frustration or the fault with opposite gender to provoke the person to do it. Let's be sensible towards those who are doing this out of exaggeration of the environmental misleading. Think positive about those who are being insulted in public by the opposite gender, the act is then totally justified because there is no law to check that intellectual rape. Hence a direct death sentence is never welcomed, rather there can be enhancement of duration of imprisonment, but no death option as they are also humans and did not murdered anybody.

"IF ANY DOG CUT YOUR LEG THEN WOULD YOU TRY TO CUT DOG'S LEG?" YES, MAITHILI PATILA I AGREE WITH YOU NOT IN 100% BUT MAXIMUM POINT OF VIEW.A DEATH PUNISHMENT WOULD BE A BLESSING FOR A RAPIST.HE DESERVE LIFETIME PUNISHMENT AND IT MUST BE SOO CRUCIAL THAT HIS SOUL PRAY FOR DEATH. WHICH FORCE TO THINK THRICE BEFORE DOING SUCH A CRIME.

Well, this is too simple really.

The argument AGAINST the death penalty is still valid and still stands - regardless of the crime committed.

If viewed from only one POV (Point of View), many concepts, ideas, thoughts, and decisions would seem rational and logical.

But we would have only part of the story or picture if we neglect the other POVs.

Let us assume that a special case has been made for rape cases and the death penalty has been instituted. Now imagine this: What if your brother, your father, OR your husband has been unjustly accused of rape?

[Edited for clarity.]

Are we in an Arab country ? Ok, so you took one aspect which pleased you about their laws and you think it might completely end a problem and people would be in safe heavens . If such trend starts then gradually it may also go for killing man/woman by pelting stones on them say because they slept with each other against some local law ? Go for cutting the hands of a thief because he stole something. Everything in reverse direction again, towords the hell from where humanity started from. May be some tortorous death again... say scaphism, sawing etc.

Laws, rules and regulations are built to end problems , not to take a personal or community based revenge. And really do you think, all the man who rape.. and many times young boy children are actually sex monsters ? Ok, let's kill them all, ( let's say who cares about why they did a crime if we can cut them off legally, and hence make a so called civillized world),..... but what penalty do you suggest for businesses done by man and women around the world, who provoke about having sex in medias, newspapers, magazines, ads... What penalty for film stars who talk/joke openly on sex... for films that just talk over vulgar and sex. ... For film actresses who go to any extent, widening and opening up all their secrets between their long wide legs... What about Munni ki jawani... and sheila ki jawani who dance in their transparent underwears ? People like yana, who forget to wear underwear in parties..and media who pats herself  by printing photographs of her two legs and her secrets lurking out.  What penalty should they be given... i am sure, something more dreaded than death, as they pushed guys to get involved into crime of rape. Is it possible to ATLEAST stop these businesses ? No way!... because may be we ourselves are linked with these businesses and living a leisure life by the income generated :D . A big majority of world population earns it's bread by selling and inviting people for sex.

This is not any problem for american/european countries as sex is equally open for individuals as the businesses are open for sex. This is a grave problem in India especially because at one side businesses are made free to target man women and children to have sex, but on the other sides culture religion just crushes them in their clutches, and prevent them from relieving themselves.

So don't go for revenging against a problem.A revenge give rise to an another revenge. Better try understanding the root of problem. European/American countries have got rid of this problem much by having an open sex culture..., we too would need to follow the same, to end the menace and saving the innocent lives of hundreds of boys,girls, man and women who just get pissed off in between business practices and messy laws and regulations.

Root cause of rape  in India is sex is highly suppressed . Everything related to sexual activity is banned here by society. it's good it is our culture but to follow that each person have that patience,mind control,control over his natural libido which can be achieved through grate thoughts,yoga,spiritual practices. it is noone doing then how he can control his natural urge. emotions becomes dominant on particular moment & even holy person commits the crime

I really appreciate you're rational thinking. rape is crime but sometime natural urge can not stop even holy person to do that. so death is not the answer to this

Death penalty is not the right way I believe. Punishment shud be given on basis of the severity of case, the indulgment of victim and rapist, the true and correct evidence...the rapist shud be given counselling, warning, good moral values, still they do the same in future, they shud be surely given death penalty.

Some people may repent on it, we shud learn to forgive, as we are forgiven by God, for many crimes we do. The victim if cruely be harrased and raped, his penis shud be cut off as a warning to others too. Our law shud be stong against such social perversions....

Hello,

I dont think a rapist should be killed. he should be given a very severe punishment and let him live his life in jail

Yes, i will be with u only not with others who say yes

only those boys should always say yes who have a fear of death and those who are involved in this line

Death penalty is inappropriate, as the definition of rape is not confined to forcible intercourse but it is extended to intercourse with consent in special case such as :-

1. consent when the rapist is in a position from where he/she could dominate the     raped.

2. consent under any kind of intoxication & also

3. with or without consent when the girl is under 16 years of age.

and moreover Capital punishment is only applied to the rarest of rare cases, even all murderers are not given capital punishment. However life term sentence is the next harshest punishment and it is applicable to rapists. Lastly i strongly believe that however heinous a crime is capital punishment always comes across as a bit cruel and barbaric. 

Sure rape is a heinous crime, no doubt about it. But still, in a civilised world we can not encourage capital punishment for any crime. Since crimes are generally committed by mentally disturbed people, with the exception of some criminals who have made it their way of living, there should always be chance  given to individuals to undergo the purification process and come out of  their criminal nature. Nature is creating the two genders to love each other and carry on with procreation process and support the universe. Then how can we imagine one gender harming the other  for selfish gratification !? Sexual Intercourse is a devine process and should be engaged in a congenial way.

Sorry....but you are too much.......you are recommending death penalty for accused...????......Who knows about Arab nations.......?????

Killing someone is equally bad as Raping someone.......Individual shall tackle this problem with the help of their friends/family........

Yes Mr. Jairaj,

The objective of any Punishment is both to reform the current culprit as well as to deter the future offenders.

dear Mr.Prabhakar,u r absolutely right!! s it is the castration/mutation is the only way even though it is inhuman/barbaric.but,to prevent this inhuman act called Rape we have to take strong steps like this.only thing to take care is only guilty should be punished.

No, Kavitha,

I, firmly, believe that castration should be a better deterrent to both the convicted rapists as well as to future ones.

Yes, There is a death penalty for murder but have we sucessful to stop that. Our law is not sucessful to keep control on this things. A rapiet should be given severe and deterent punishment . But to work with NGO won't useful.

I don't think capital punishment is the right choice for rape case accused ones because of two things: 1. Such people of being charged with rape should be given a more rigourous and intense punishment to make the person realize the crime throughout his life as capital punishment doesn't justify the crime. 2. In few cases, there might be possibility that the rape case accused person is found to be framed into the case due to any reason, so that he could be justified by the law.

The question relating to rape case is not the penalty.The most important thing is dat implementation of law in right way.All rape case are not true it dependson facts n circumstances ofthe case.We know only it by news and FIR loged by the  victim but no body understand the truthness we give publicity to the case only but not the facts.all ready we have death penalty for Murder but we fail stop it? we are not succeed to stop the killing of innocent persons.And very interesting thing is dat even we pass death penalty for this offence realy accused HANG till death?

When one cannot give life, he should not take life

imposng dth pnlty fr rape will provoke th rapist to kill his victim in ordr to distroy th evdnce.moreover instead of graver punishment th present system of trial & justice shall be more simple,fast nd efctve.

It is inappropriate to give death penalty to a rapist since the death penalty is given in rarest of the rarest case , however it should be given in case where victim is minor or of tender age i.e. less than 16 yrs coz off the record it seen that sometimes the victim herself is responsible in provoking the rapist in commiting the crime.