Looking for an eye for an eye

Junior doctors marched towards Raj Bhavan to demand justice in the case of rape-killing of a trainee doctor at RG Kar RG in Kolkata. , Photo Credit: Debasish Bhaduri

Heyn February, 7, Calcutta High Court rejected Demand for death sentence for a person convicted for the appeal of West Bengal government RG tax case of rape and murder of a woman in medical hospital Last year in Kolkata. However, the court accepted a separate appeal, demanding a death sentence by the Central Bureau of Investigation (CBI), which investigated the case.

Cope with Widespread and prolonged protests After the horrific incident on August 9, 2024, the West Bengal government was the first to demand a death sentence for the convict. Nearly a month after the incident, it passed the state assembly passed the Apronist women and children (West Bengal Criminal Law Amendment) Bill, 2024, including provisions of death penalty in almost all cases of rape. The bill is waiting for a node from the central government.

However, on January 20, the District and Sessions Judge, Additional District and Sessions Judge of Sealdah, Aniran Das spared Nose’s convict, saying that the crime does not fall under the category of ‘rare rare’ crimes. While prize life imprisonmentThe judge argued that the court’s duty was not to match “cruelty with cruelty”, but to increase humanity through deep understanding of knowledge, compassion and justice. “In the realm of modern justice, we should rise above the primitive instinct of ‘an eye for one eye’ or ‘a tooth for one tooth’ or ‘nail for nails’ or ‘a life for a life’.” In the instruction. The judge said that the court should oppose the temptation to bend for public pressure or emotional appeals.

The decision was criticized by many people that the crime, which included excessive cruelty, did not fall under the ‘rare rare’ category, and was again a clamor for death sentence. Within a week, the state government and the CBI argued before the High Court that their petition was being demanded for capital punishment for the guilty. Chief Minister Mamata Banerjee said that if the Kolkata police had investigated the crime, they would have been able to convince the court to punish the death. “If there is a monster, how can society show humanity? Society should be made human towards our mothers and sisters, ”he said.

Since the rape and murder of a postgraduate trainee doctor at RG Kar Medical Hospital, there have been at least three incidents involving rape and murder of minors in which the culprits have been sentenced to death. State government officials and leaders of the ruling Trinamool Congress are highlighting these sentences, arguing that the police and test courts have given quick justice in cases related to sexual harassment. While delay in investigation and testing is often disappointed in people’s confidence in the judicial system (justice delayed justice), in a hurry and testing can be equally dangerous (justice is the Hurid Justice buried) .

Justice JS Verma Committee, 2012 was not interested in improving laws related to sexual assault in India in India Recommend death sentence for rape Even in ‘rare rare’ cases. The committee had stated that “there is a lot of evidence that the preventive effect of death penalty on serious crimes is really a myth”.

A multi-dimensional strategy is required to deal with crimes against women. This includes better policing and ensuring safe workplace for women. It was shocking that a civilian police volunteer had gone to RG and guilty in the case, went to the seminar room of health facilities operated by the state in the dead without facing any checks at the hospital gates. It is a fact that hardly any background is examined during the recruitment of contractual employees, which are assigned to help discharge their duties. These are issues that require immediate prevention and actually had some demands from the protesters who hit the streets in the last August. Even the victim’s parents believe that death sentence is not the only way to ensure justice. They have said that they want investigative agencies to look at the “big conspiracy” and are demanding punishment for others involved in the crime.

Death sentence is a quick-fix approach adopted by governments to reduce anger and opposition. The trial court judge gave correct recognition and opposed it.