Laws, Rules, Regulations and Conscience as Sources of Ethical Guidance
In News: What we don’t talk about when we talk about rape
Do stringent law aid in deterring crimes? Justify with suitable illustration.
Law serves as a system of rules and guidelines that are enforced through social institutions to regulate behavior.While the intent of stringent laws is often to deter crime and maintain public safety, their effectiveness and ethical implications are subject to debate.
Law aids in deterring crimes:
- Certainty of Punishment: People are less likely to commit crimes if they believe they will be caught and punished.The Prevention of Corruption Act‘s stricter penalties have increased anti-corruption vigilance and deterred potential offenders.
- Severity of Punishment: The severity of the punishment can also deter crime. The fear of severe consequences can discourage individuals from committing offences.
- Swiftness of Punishment: If punishment is swift, it can have a greater deterrent effect. According to NCRB, the crime rate per lakh population dropped from 445.9 in 2021 to 422.2 in 2022
- Stringent laws, especially those leading to longer prison sentences, can remove dangerous offenders from society, preventing them from committing further crimes.
However stringent law alone does not deter crimes.Despite capital punishment being in place, reported rape cases in India continues to be alarmingly high. According to NCRB, 31,000 rape cases are reported in 2022. The Justice Verma Committee Report had argued that the death penalty’s potential as a deterrent was “a myth”, a regressive idea of retroactive justice. The Crime in India report highlighted an overall increase in crimes and atrocities against Scheduled Castes (SC) and Scheduled Tribes (ST) persons, children and women.
Therefore a comprehensive approach that addresses the root causes of crime is essential.
Societal attitudes, cultural norms can influence crime rates. Strict laws may not be effective if they conflict with prevailing cultural attitudes. The Verma Committee report had also emphasised the need to introspect on the overarching patriarchy that pins women down at every step, beginning with the family and extending up to the state.
Socioeconomic Factors: Poverty, inequality, and lack of opportunities can be significant drivers of crime. Strict laws alone cannot address these underlying issues.
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