SHOULD THE DEATH PENALTY BE SCRAPPED IN INDIA? @LEXCLIQ BY KANUPRIYA BHARGAVA

SHOULD THE DEATH PENALTY BE SCRAPPED IN         

                                    INDIA?

 

 

“The death penalty is not about whether people deserve to die for the crimes they commit. The real question of capital punishment in this country is, Do we deserve to kill?”
― Bryan Stevenson, Just Mercy: A Story of Justice and Redemption

 

INTRODUCTION

Many marches, strikes, and other kinds of agitation are being organised to put a stop to the practise of capital punishment. So, what exactly is it? What exactly is the issue? Why are many advocating for the abolition of the death penalty?

This has become a common demand from industrialised, developing, and underdeveloped countries, but India has failed to abolish the punishment, which has had significant repercussions for India as a rising country. The Indian criminal justice system is based on a synthesis of two theories: the Reformative theory, which sees crime as a sickness, and the Traditional theory, which views crime as a disease. “You cannot cure by killing,” according to this viewpoint. The Preventive Theory, which states that “prevention is better than cure,” is another theory that is used. It is preferable to take precautions before committing a crime. This idea tries to prevent crime by imposing the death penalty on the culprit, or keeping him in prison or suspending his driver’s licence, depending on the circumstances.

 

VARIOUS CRIMES RELATED TO DEATH PENALTY

A person who commits murder is subject to the death punishment under Section 302 of the Indian Penal Code, 1860. The Supreme Court ruled in Bachan Singh’s case that capital penalty is only constitutional when used as an exception in the “rarest of the rare” instances.

A person who commits a murder during a provided theft is subject to the death punishment under the Indian Penal Code. Sati is also punishable by death if it is given or given to someone else.

The use of any extraordinary classification of explosives to accomplish a blast that could endanger one’s life or cause serious damage to one’s property is punishable by death.

The Criminal Law Act of 2013 may award capital punishment to someone who inflicts injury in rape and dies or is placed in a “permanent vegetative state” as a result of it.

Rapes committed in gangs are punished by death. After the gang rape of medical understudy Jyoti Singh Pandey in New Delhi in 2012, these were established.

 

CRITICAL ANALYSIS FOR ABOILITION

Our society is now facing a significant threat from the death penalty. This is an immoral act, and to the extent that it is legal killing and infringement of the person’s rights, it is also unethical. We, as humans, have no legal right to kill others, but capital punishment violates that right.

Article 21 clearly states that all citizens have the ‘right to life’ and personal liberty, although this right is also violated by the capital punishment.

The court system, based on the evidence gathered, cannot be trusted to take one’s life. The Supreme Court, for example, handed down 60 death sentences between January 1, 2000 and June 30, 2015. It then recognized that it had made mistakes in 15 of them (25 percent ).

 

CONCLUSION

For many years, India has used the death penalty as a punishment, however in the current period, this punishment has been questioned because murdering someone who has killed the victim cannot be considered justice. There could be a variety of different ways to punish the criminal, but murdering the offender should never be an option.

Several states are considering abolishing the death penalty, while others want to retain it in place. States such as India, China, and the United States of America, for example, prefer to use the death penalty for some crimes, whereas the United Kingdom and Canada have abolished it completely. India should reconsider this word and eliminate it as soon as possible, since as a democratic society, preserving people’s rights is a crucial obligation, and murdering a person for even a heinous act may not serve as justice in terms of people’s rights.

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