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On February 9, a man was hung to death in Tihar jail. Justice was done, said some.

Others felt the man had not been given a chance to prove his innocence. And still others felt that irrespective of the case, the dictum of an eye for an eye and a tooth for a tooth could not be the imperative that a civilised society follows. Two months after the gang rape of a young woman in Delhi, a terrible tragedy that triggered waves of protests and demands for justice, it is important and relevant for everyone, including women, to talk about the death penalty. Do we as women, destined by biology to give birth and ordained by society to be nurturers and care-givers, support a regime that awards death for certain heinous crimes? Do we believe that taking a life will act as a deterrent to those who destroy lives? Should a civilised society be moving away from capital punishment or continue justifying its continuance and even demand that it be extended to more crimes, as is happening in India? These are questions that we must ask, debate and resolve. The reason why the death penalty should concern all women is because of the crescendo demanding death for rape that followed the December 16 Delhi rape. In newspapers, television channels, everywhere, you heard voices arguing that only death would act as a deterrent. The government has apparently decided to respond to this chorus of demands for death by introducing the death penalty for rape in the recent ordinance that was promulgated on February 3, the Criminal Law (Amendment) Ordinance, 2013. Introducing the death penalty for rape flies in the face of the Justice Verma Committees recommendations. It is a pity that the government has chosen to do this without considering the reasoned and excellent discussion on the death penalty in the Justice Verma Committee report and also without allowing the time and space for more opinions to be garnered on this question. Instead, to show that is finally becoming decisive, it has rushed through an ordinance even when Parliament is about to begin its budget session. Chapter nine of the Justice Verma Committee report that deals with Sentencing and Punishment begins with a quote from an American judge, Justice Stewart in Furman verses Georgia that sums up the philosophical argument against the death penalty: The penalty of death differs from all other forms of criminal punishment, not in degree, but in kind. It is unique in its total irrevocability. It is unique in its rejection of rehabilitation of the convict as a basic purpose of criminal justice. And it is unique, finally, in its absolute renunciation of all that is embodied in our concept of humanity. The Committee has argued that introducing the death penalty for rape could lower the conviction rate rather than enhancing it or acting as a deterrent. It has recommended instead, that the punishment should be from a minimum of 10 years to life, with life imprisonment redefined to mean the end of the natural life of the convict. It has also pointed out that across the world, the majority of countries have revoked capital punishment. Furthermore, the UN Human Rights Commission adopted a resolution in 2007 that asked all countries for a moratorium on death penalty paving the way to its ultimate abolition. In support of the death penalty, some young women have argued with me that if men know that they will be hanged if they rape women, the incidence of rape will automatically decline. They point to countries where capital punishment is liberally used to control all forms of crime. They forget however that in many such countries, women are confined, not given the right to move freely in the public space. Also in such countries, the sexual assaults within the home, which anyway constitute the majority of crimes against women in practically all nations, are never reported. Thus, the mirage of fewer crimes is created without actually reflecting the reality. We need to ask whether millions of women rich, poor, urban, rural, tribal, Dalit, and women living in conflict zones where the armed forces have impunity against such crimes would feel more secure if men are hanged for rape. Within the existing, and deeply flawed, criminal justice system in India, introducing the death penalty for rape will throw up many more problems than it will solve. We need justice for the victims

of rape. But for that we need an efficient criminal justice system that registers cases, that collects evidence and that prosecutes. Source:http://www.thehindu.com/opinion/columns/Kalpana_Sharma/crime-andpunishment/article4414590.ece
QUESTIONS: According to the passage, the Criminal Law (Amendment) Ordinance, 2013 is a) Completely justified b) Debatable c) Result of Rushed decision making d) Immoral and harsh e) Unethical Why does the author feel death punishment will throw up more problems? a) The crime will continue though confined behind closed doors b) Could lower the conviction rate c) Totally irrevocable d) renunciation of humanity e) All of the above Because of the crescendo demanding death for rape that followed the December 16 Delhi rape refers to: a) The gradual increase in public opinion b) Riots following the heinous act c) Sudden public uproar d) Politically dominating groups e) All of the above According to Justice Verma Committee report: a) Death penalty is a severe punishment for rape b) Penalty defies resolution under UNHRC(2007) c) Is totally irrevocable d) renunciation of humanity e) suggested higher conviction rate Which mirage has been talked about in the above article: a) Death penalty will serve the accused right b) Harsh punishment will lead to less crime c) The death penalty will ensure safety of women d) All of the above e) None of the above Answers: 1. D a. Not justified as per author b. Not exactly debatable, cause the author has cited the other argument in places only to strengthen her point, that it is unjust c. Not rushed, because the committee report was submitted and ignored, but decisive.

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d. RIGHT ANSWER: cited UN angle and other points e. Not unethical as the author just challenges the degree of judgment, citing the flaws it has. E All the points are covered in the passage A See meaning of crescendo C Read passage B Read 2nd half of the passage again

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