rarest of rare

Yesterday, 20th Jan 2025 - two separate courts in India gave their verdict in two very intriguing cases, both of which revolve around the death sentence. This post summarizes my understanding and opinion of the rarest of rare cases.

Case 1:

On Aug 9, 2024 : The body of a 31 year old doctor was found in the seminar hall of RG Kar Hospital in Kolkata, she was allegedly raped and murdered. This case has been at the center of national interest and there have been many student protests and fast unto death movements to ensure the authorities are on their toes to apprehend the culprit.

A six month long investigation and prosecution process led to the verdict of life imprisonment for the accused. The parents of the victim, fellow doctors, students, the state government and many more citizen groups have been demanding death penalty for this crime.

However the court judge in his verdict stated "this crime does not fall under the rarest of rare category" and sentenced the accused of life imprisonment. News Source

Case 2:

On Oct 14, 2022: In Kerela, a 23 year old was accused of murdering his same age boyfriend as he did not terminate their relationship which was an obstacle to her impending marriage. She invited her boyfriend in the pretext of sexual intimacy and poisoned him with ayurvedic tonic laced with a slow poison, paraquat a toxic herbicide.

She had researched on the poison, planned her moves and in fact the victim had recorded a video of the suspicious juice, indicating he was aware that something was wrong. She along with her uncle later tried to destroy the evidence. The victim died 11 days later due to multiple organ failures. In his dying declaration the victim admitted of consuming the herbal medicine.

The court declared it as a "cold blooded murder" and denied any leniency to the accused. The verdict in this case was "death penalty, as it is one of the rarest of rare crimes". News Source

The first case was sensational, was an eyesore for a nation where rape crimes are intolerable for the common man. The second case was diabolic, inhuman and brutal. The nation wanted death penalty in the first case which was denied by the law and the law upheld the death penalty in the second case.

I did some research on capital punishment in India and here are the crude facts. Death penalty for murder in India is only for rarest of rare crimes to be evaluated as below.

• Manner: How cruel, ridiculous, brutal was the act. e.g., victim was burned alive, tortured, mutilated etc.
• Motive: A well planned act, hired killers, thoughtful planning etc.
• Socially heinous: Murder of backward classes, burning of bride, dowry deaths etc.
• Magnitude: High proportion of crime, many individuals were killed in the act.
• Personality of the victim: Victim is a helpless mother, a innocent child, a old person or a public figure.

IMHO, the verdict in both cases are unerring. Offences against women are serious crimes and should not be taken lightly but a death penalty for such crimes may not be correct most of the times.

Death penalty should be a symbol of justice not a tool of vengeance. The penalty should evaluate the moral, ethical and legal arguments not just look at the public ire.

Death penalties have profound impact on the individuals, the society, and the very definition of being human, thus should be carefully evaluated and administered.