DEATH AS A PENALTY??
The author of this blog is Sejal Chaudhary, student of 2nd year, MATS Law School, MATS University, Chattisgarh
All punishments are based on the same proposition, whatever the crime is done, for every crime there is a punishment that’s why it is said all punishments are based on the same proposition that is there must be a penalty for wrongdoing.
There are two main reasons for giving the punishment
to the wrongdoer.
is the belief that it is both right and just that a person who has done wrong
should suffer for it;
the other is the belief that inflicting punishment on wrongdoers discourages
other, person from doing wrong.
The capital punishment also rests on the same
proposition as other punishments.
I will say that, this topic is hot topic and a
trending topic and it is also a topic of debate. The capital punishment debate
is the most generally relevant debate, keeping in mind the situation that has
been brought about by today. Capital punishment is an integral part of the Indian
criminal justice system. Increasing strength of the human rights movement in
India, the existence of capital punishment is questioned as immoral. However,
this is an odd argument as keeping one person alive at the cost of the lives of
numerous members or potential victims in the society is unbelievable and in
fact, that is morally wrong.
Capital punishment, is also known or, called as death
penalty. The term “Capital Punishment” stands for most severe form of
punishment. It is the punishment which is to be awarded for the most heinous,
grievous, and detestable crimes against humanity. While the definition and
extent of such crimes vary from country to country, state to state, age to age,
the implication of capital punishment has always been the death sentence. By
common usage in jurisprudence, criminology and penology, capital sentence means
a sentence of death.
As we can see there are increasing views on the
abolition of capital punishment in India, and considering all these views in
order to abolish capital punishment in India it requires a serious
consideration. So, we need to analyze whether capital punishment is required in
India or not whether there is a need to abolish capital punishment from India
but before the analysis of whether we need capital punishment or not. First, we
need to understand what is the evolution of capital punishment in India now,
first of all if we consider the first five year after the constitution was made
we will see that death penalty was a normal punishment for murder, if a person
commits a murder the person will be awarded with the death sentence or death
penalty and this was very normal and this was during the first five years after
the constitution was made and this practice changed in 1955. So, taking 1955 if
a person commits murder the person will be awarded a death penalty. Now, again
in 1955 this was changed and what happened the session judge was given a
discretionary power so, the session judge was given a discretionary power to
either two sentences so he was given a choice- what was a choice either capital
punishment or life imprisonment so, if a person commits a murder the session
judge has the discretion to award him either capital punishment or life
imprisonment before that it was normal to award a capital punishment for
committing murder. Then again in the year 1973 Cr.P.C was amended, it is the
criminal procedure code, by amending it, parliament made it mandatory that the
session judge is awarding a capital punishment to a person who has committed
murder he has to show the reason why life imprisonment is awarded or why capital
punishment was awarded. In Bachan Singh case the supreme court ruled that death
penalty could be imposed only in the rarest of the rare cases so, this phrase
might have been heard by many of us. The supreme court ruled in Bachan Singh
case this is very important supreme court said that only in the RAREST OF THE
RARE CASES that a judge or a court can rule for a capital punishment and this
rarest of the rare cases means that alternative sentence of life is
unquestionably foreclosed and again in Machhi Singh Vs. State of Punjab case,
this case provided some exemptions to the earlier judgement of the supreme
court that earlier in Bachan Singh case the supreme court has ruled that only
in the rarest of the rare cases a person can be awarded a death penalty but in
Machhi Singh Vs. State of Punjab case disclose that the rarest of the rare
cases was given certain exception so, what are they first, exception was that
if murder is committed in extremely brutal manner so as to eros extreme
ignition of the community the second, exception was that if the murder is
committed by a motive which evinces total depravity and meanness and thirdly,
if the crime is enormous in proportion.
21 states that “No
person shall be deprived of his life or personal liberty except according to a
procedure established by law”.
72 says that the
president can pardon even death sentence while the governor in a state cannot
pardon death sentence. It empowers the president with the power of pardoning,
it is also called the pardoning power of the president.
for judicial review,
can be conducted if the presidential decision not to pardon the death sentence
is arbitrary, irrational, and discriminatory.
134 provides that
there is a right of appeal from the high court verdict to the supreme court and
this is applicable in any case where capital punishment was imposed on an accused
in reversal of an acquittal order.
Objectives of punishment
Retribution theory: It means that a person has done some offence and for
that offence we are giving him
some punishment. This theory is based on the principle “an eye for an eye, a
tooth for a tooth”. Retribute means to give in return.
Reformative theory: It emphasizes on reformation of offenders through the
method of individualization. Gandhi ji said that “Hate the sin not the sinner”.
Deterrence theory: It means providing punishment, a person is
discouraged to do something it can be an offence or a crime and this is done by
creating a fear of the consequences. The main objective of this theory is to
deter(prevent) the criminals from doing the crime or repeating the same crime
In conclusion I just want to say that this topic is a topic
of debate. Different people have different views and even, different countries
have different views on it. If a person says that the death as a penalty should
get abolish, then someone else will say that there should be the death as a
penalty, this topic was a hot topic in past still, it is a hot topic and I
think in future also it will be a hot topic for all. But my view on this topic
is that there should be a death penalty because some cases are there for which
there should be a death as a penalty so, that in future no one tries to commit
that same crime. Some people say that In
Hinduism life and death are the gift of God and no human being has the right to
take away the said gift; in Islam, human dignity stems from the belief that man
is a creation of God – the creation that God loves more than any other. But, does that person who has committed a crime do they
think about these things, about religion and humanity ?. I know I may sound
like as same as the retributive theory of punishment “an eye for an eye, a
tooth for a tooth” but if we give a person the death penalty then we can save
many other from being a victim and a culprit.
-The Times of India newspaper
-Study IQ education