<p>In the last decade alone, the death penalty has become the privileged response to sexual violence and homicide. The discourse surrounding the death penalty was adjacent to the discourse on rape law reform in the 1980s. However, these two realms of law reform have converged over the last decade. I argue that the convergence of these two realms of legal discourse is significant in conserving the public secrecy of rape and death penalty. In legal discourse, botched executions remain a secret, while the method of execution is characterized as scientific. Further, law and its procedure hide how the caste order is deployed in implementing the death penalty. The death penalty does not displace caste patriarchy, rather it entrenches sexual impunity. For the popular and mediatized representation of state retribution feeds into an economy of images that are contiguous with the images of sexual violence. The turn to majoritarian legality, which sees an expansion of death penalty in rape cases, is predicated on the massification of images of violated bodies. The expansion of death penalty under the sign of sexual violence, particularly over the last decade, sits comfortably with the expansion of sexual impunity.</p>

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Public Secrecy, Rape and the Death Penalty in India

  • Pratiksha Baxi

摘要

In the last decade alone, the death penalty has become the privileged response to sexual violence and homicide. The discourse surrounding the death penalty was adjacent to the discourse on rape law reform in the 1980s. However, these two realms of law reform have converged over the last decade. I argue that the convergence of these two realms of legal discourse is significant in conserving the public secrecy of rape and death penalty. In legal discourse, botched executions remain a secret, while the method of execution is characterized as scientific. Further, law and its procedure hide how the caste order is deployed in implementing the death penalty. The death penalty does not displace caste patriarchy, rather it entrenches sexual impunity. For the popular and mediatized representation of state retribution feeds into an economy of images that are contiguous with the images of sexual violence. The turn to majoritarian legality, which sees an expansion of death penalty in rape cases, is predicated on the massification of images of violated bodies. The expansion of death penalty under the sign of sexual violence, particularly over the last decade, sits comfortably with the expansion of sexual impunity.