A COMAPARATIVE ANALYSIS OF CAPITAL PUNISHMENT FOR RAPE: THE UNITED STATES AND INDIA

This Research Paper undertakes a comparative analysis of capital punishment for rape in the United States
and India, examining the constitutional, legal, and human rights dimensions that shape the application of the death
penalty in both jurisdictions. The study is grounded in a doctrinal and comparative research methodology, relying on
statutory provisions, constitutional principles, and judicial precedents to evaluate whether capital punishment for rape
is legally sustainable and normative justified.
In the United States, the constitutional framework under the Eighth Amendment prohibits the imposition of cruel and
unusual punishment, which has been interpreted by the Supreme Court to exclude the death penalty for rape where the
victim does not die. Landmark decisions such as Coker v. Georgia and Kennedy v. Louisiana firmly establish that
capital punishment for non-homicidal rape is disproportionate and inconsistent with evolving standards of decency. In
contrast, India retains the death penalty for certain aggravated forms of rape, particularly under statutory amendments
introduced after 2013 and 2018, and applies it within the framework of the “rarest of rare” doctrine as articulated in
Bachan Singh v. State of Punjab.
The Research Paper highlights a fundamental divergence in constitutional philosophy between the two jurisdictions.
While the United States adopts a rights-based approach emphasizing proportionality, human dignity, and restraint in
the use of state power, India balances constitutional safeguards with considerations of deterrence, public outrage, and
the collective conscience of society. This divergence raises critical questions about the role of capital punishment in
addressing serious crimes such as rape.
Further, the study engages with international human rights perspectives, which increasingly advocate for the abolition
or restriction of the death penalty. It also critically examines the deterrence rationale, noting the lack of conclusive
empirical evidence supporting the effectiveness of capital punishment in reducing sexual violence.
The Research Paper concludes that capital punishment for rape, particularly in cases not involving homicide, raises
significant constitutional and ethical concerns. It recommends a shift toward reformative justice, stronger institutional
mechanisms for victim protection, and alignment with evolving global human rights standards.