Justice Beyond Age: Re-evaluating the Death Penalty Framework in Rape Cases

Authored By: Dev Sanskriti

BPSMV

Questions often arise when the issue of gender equality is linked with legal reform, whether through making or amending laws aimed at ensuring equality. However, concerns of inequality within equality still remain. After landmark cases and public movements, such as the Nirbhaya case, rape laws have undergone several reforms. But why must the law wait for such reforms—does a woman above 18 years of age not have the same right to life and security? For instance, when a woman above 18 is raped, the punishment prescribed under “Section 376 of the Indian Penal Code is rigorous imprisonment of not less than 10 years, extendable to life”(1). In contrast, where the victim is below 16 or 12 years of age, the law provides for far more stringent punishment, including imprisonment for the remainder of natural life or even the death penalty. Similarly, if the victim is a wife above 15 years of age, such an act is not considered rape. This article examines the inequality in punishment in cases where the victim is an adult woman above 18 years of age.

Rape Is Rape: Then Why Unequal Punishments?

Since ancient times, women have been the ones who suffer the most across the world, in every country and society. Yet, laws are still unable to deliver complete justice to them. The question that arises is: why is there a need to categorize the punishment for rape? Rape is rape, whether it is committed against a young girl or an adult woman. Every woman has the right to life and dignity under Article 21 of the Constitution of India, and any such act violates her bodily integrity. Doesn’t she have the right to continue her life with dignity?

“Section 376(1) of the IPC prescribes punishment for the rape of a woman, which is rigorous imprisonment of not less than 10 years, extendable to life”(2). In contrast, “Section 376AB of the IPC, which deals with rape of a girl under 12 years of age, prescribes much harsher punishment, including imprisonment for the remainder of natural life or even the death penalty”(3). This disparity raises a serious question—why should the punishment be less stringent when the victim is an adult woman?

Exception 2 of Section 375

“It states that if the husband rapes his wife who is above 15 years of age, then the husband will not be punished”(4) In Independent Thought v. Union of India, the Supreme Court struck down this exception, holding it to be arbitrary and discriminatory. Why is it that if a wife above 15 years of age is raped by her husband, it is not considered rape? Does her right to bodily integrity and her right to make decisions end after marriage? Such a provision is inconsistent with “Article 14, which guarantees equality”(5) and “Article 21, which protects the right to life and personal liberty”(6). Becoming an adult does not mean that a woman loses her rights over herself. Getting married does not mean that a woman’s right to life and dignity also belongs to her husband.

Disparity Between Section 376D and Section 376DB

If Section 376DB provides the punishment of life imprisonment or even the death penalty, then why should the same not be applied under Section 376D for adult women? The truth is that there is no strong scientific or logical justification for why Section 376D (gang rape of an adult woman) carries a lighter punishment compared to Section 376DB (gang rape of a girl under 12 years). An adult woman’s right to full justice cannot be considered less significant. The harm caused to her dignity, bodily integrity, and right to life under Article 21 is no less grave.

Mithu v. State of Punjab: Unequal Punishment Declared Unconstitutional

“In Mithu v. State of Punjab (1983), the Supreme Court struck down Section 303 of the IPC, which made the death penalty mandatory for life convicts who committed murder. The Court held that such a law was arbitrary and violative of Articles 14 and 21 because it removed the court’s power to judge each case on its own facts”(7). This case clearly shows that when punishment becomes unequal or rigid, it cannot stand in our legal system. In the same way, when rape laws give different punishment standards for minors and adult women, it also creates discrimination. If the Court did not allow inequality in murder cases, then why should it continue in cases of rape where the dignity and life of adult women are equally at stake?

Unequal Punishment

The sentencing approach in India, especially in rape cases, continues to reveal inconsistencies. Even though statutes prescribe punishments, the way they are applied often fails to provide victims with proportional justice. Too often, the emphasis is placed on circumstances favoring the accused rather than the lasting trauma of the survivor. This highlights the need for a clear and structured sentencing framework that eliminates arbitrariness and upholds the constitutional promise of equality and fairness. Moreover, framing laws by dividing punishment on the basis of the victim’s age does not ensure complete justice. Why should there be a distinction between a child and an adult woman when the crime committed is the same? Rape is rape—whether the survivor is a young girl or an adult woman—and the law must recognize the equal dignity and rights of all women.

Criticism of Current Punishments

Punishment should be severe, and sexual violence should not be considered only as a matter of family honour but must be recognized as a violation of women’s rights to bodily integrity. Adult women, too, may face serious physical injuries, psychological trauma, and even disruption of their future life because of the fear of family honour. Under “Section 376D of the IPC, gang rape of an adult woman carries imprisonment of 20 years, extendable to life”(8), whereas “Section 376DB prescribes life imprisonment or even the death penalty for gang rape of a girl under 12 years of age”(8). This disparity raises the question: why do lawmakers and reformers wait for another major tragedy, like the Nirbhaya case, to amend the laws? Justice should not depend on public outrage; it should protect all women consistently and proactively.

Conclusion

Women have the right to enjoy their lives, to learn, to be educated, and to create their own identity. Yet, when a woman is raped, her past, present, and future are often destroyed, affecting many lives connected to the victim. In such circumstances, why should the punishment for the rapist not be extended? Harsher punishments would instill fear in society and may deter others from committing such crimes. Therefore, excluding adult women from the same highest category of punishment as minors is unjust and undermines their rights to life, dignity, and bodily integrity.

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