ISSN (Print) - 0012-9976 | ISSN (Online) - 2349-8846
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Sexual Violence and the Death Penalty

The judgment in the 16 December Delhi rape case imposed the death penalty based upon the depravity of the offence and the demands of the “collective conscience of society”. On the other hand, in the Naroda Patiya judgment in the case of the rapes and murders of Muslims in this part of Gujarat, the court held that it cannot go down the route of giving the death penalty but preferred a graded system of life imprisonment based upon the degree of culpability of the different offenders. The latter is a new way of thinking about the logic of punishment. Justice Jyotsna Yagnik rejects the retributive logic and forces us to explore deeper questions about unthinkable violence, responsibility and punishment.

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