Amidst a raging debate in the country over tough anti-rape laws, including capital punishment for the culprits, a top lawyer has said the death penalty is not the ultimate solution to curb such cases and suggested a longer jail term.
Even though there was a nationwide outcry over last month’s gang-rape of a 23-year-old girl in Delhi and the subsequent vociferous demand for sending the accused to the gallows, the death penalty is not the proper punishment in such cases, said Ujjwal Nikam, who has been Special Public Prosecutor in several high-profile cases, including 26/11.
Elaborating, he said, provision of death sentence may prompt the rapist to kill the victim. Hence, death penalty is not the ultimate solution in such crimes.
Increase in the jail term to 25 years or till death should serve the purpose, Nikam said.
Police should be sensitised about handling cases related to crimes against women, he said.
Generally, there is no eyewitness in cases of sexual assault. Hence, the police investigation and trial should be based on the victim’s version. This bring limitations on legal provisions, Nikam said.
He suggested that the evidence in rape cases should be recorded through video conferencing.