Author: Aarchi Mewara, Sophia Girls’ College (Autonomous), Ajmer
Not only does the person tied to the table die, but the person looks a little different from us. The death penalty is the death sentence imposed on a person who has been sentenced to death by law. Some say revenge is sweet, but the death penalty for killing someone else is bitter. The death penalty, or capital punishment, is one of the most contentious issues in the criminal justice system worldwide. While some argue that it serves as a deterrent to serious crimes, others see it as a violation of fundamental human rights. The debate is particularly intense in countries like India, where the death penalty has been part of the legal system for countries. This article explores why the death penalty should be banned, its origin in India and globally, and the cases where innocent individuals have been wrongfully sentenced to death.
The death penalty has been part of India’s legal system since ancient times. Historically, it was used as a tool to maintain order and deter crimes. During the colonial period, the British government codified the death penalty in Indian law, making it a common punishment for a wide range of offences. The Indian Penal Code (IPC), enacted in 1860, includes provisions for the death penalty, which have remained largely unchanged since then. The death penalty in India is currently reserved for the “rarest of rare” cases, typically involving heinous crime such as murder, terrorism, and rape. However, the criteria for what constitutes the “rarest of rare” are often subjective, leading to inconsistencies in sentencing.
Why does the death penalty exist? The death penalty’s persistence is rooted in several factors. Historically, it was seen as a necessary deterrent to severe crimes. Governments and societies believed that the threat of execution would prevent individuals from committing capital offences. In many cultures, including India, the death penalty was also justified as a form of retribution— an eye for an eye.
One of the most compelling arguments against the death penalty is the irreversible nature of the punishment, particularly when applied to innocent individuals. Globally, numerous cases have emerged where people were wrongfully convicted and sentenced to death, only to be exonerated years later. In India, there have been several high-profile case of Dhananjoy Chatterjee, who was executed in 2004, has raised significant doubts. While Chatterjee was convicted of rape and murder, later investigation suggested that there may have been flaws in the evidence used to convict him. Such cases underscore the fallibility of the criminal justice system and the irreversible consequences of the death penalty.
Abolishing the death penalty requires a multifaceted approach involving legal reforms, public awareness, and international cooperation.
1) Legal Reforms : The first step towards abolition is to review and amend existing law that allows the death penalty. In India, this would involve revising the Indian Penal Code and related laws to eliminate the death penalty as a sentencing option.
2) Public Awareness: Educating the public about the flaws in the death penalty system, including wrongful convictions and the lack of deterrent effect, can help shift public opinion against capital punishment.
3) Victim Support System: Developing robust support systems for victims and their families can address one of the key arguments in favour of the death penalty—that it provides closure to victims. Alternative forms of justice, such as life imprisonment without parole, can also offer a humane and just solution.
4) International Cooperation: India can look to the examples of other countries that have successfully abolished the death penalty. Engaging with international human rights organisations and adopting global best practices can accelerate the abolition process, such countries are- Zambia , Malaysia , Belgium.
To conclude the topic, The death penalty is an archaic and inhumane form of punishment that has no place in modern society. Its continued use in India and around the world poses significant risks, particularly the execution of innocent people. Abolishing the death penalty requires concerted efforts at the national and international levels, including legal reforms, public education, and alternative forms of justice. By working together, we can create a more just and humane world, free from the irreversible and often unjust punishment of death.
FAQS-
How does the death penalty affect crime rates?
The relationship between the death penalty and crime rates is complex, Research has generally shown that the death penalty does not have a significant deterrent effect on crime rates compared to life imprisonment. Some studies even suggest that states or countries without the death penalty have lower crime rates, though this is influenced by various social, economic, and cultural factors.
What is the global trend regarding the death penalty?
Globally, there is a trend towards the abolition of the death penalty. As of recent years, over two-thirds of countries have abolished the death penalty in law or practice. International Organizations, including the United states, have called for its worldwide abolition, and many countries have either formally abolished ot or imposed moratorium on executions.
What are the alternatives to the death penalty?
Life Imprisonment Without Parole: This is often suggested as the most viable alternative, ensuring that the criminal is removed from society permanently without the moral and ethical concerns associated with the death penalty.
Restorative Justice: Some advocate for restorative justice approaches that focus on rehabilitation and reconciliation rather than punishment.
Enhanced Sentencing for Heinous Crimes: This could include very long prison sentences, ensuring that dangerous criminals are kept away from society.
Why is the death penalty considered an inhuman form of punishment?
The death penalty is considered inhumane because it involves deliberately taking a human life, often through methods that can cause significant pain and suffering. Even methods designed to be “humane”,such as lethal injection, have resulted in botched executions, leading to prolonged and painful deaths. This raises ethical concerns about the cruelty of the punishment and the state’s role in inflicting such suffering.
