Capital Punishment: Law or Morality which way to go
Introduction
Capital punishment, or the death
penalty, has been one of the most debated legal and moral issues in India.
On one side, the law upholds capital punishment for heinous crimes such
as terrorism, rape, and murder, arguing that it serves justice. On the other
side, human rights activists claim that the death penalty violates the
fundamental right to life and risks the execution of innocent individuals.
In India, capital punishment has
been retained but is only applied in the "rarest of rare" cases,
a doctrine established by the Supreme Court. However, there is no clear
consensus on whether India should continue this practice or move towards
abolition.
This article will examine capital
punishment from an Indian perspective, analyzing its legal, moral, and
social dimensions, with a focus on court judgments, public opinion, and
alternative approaches to justice.
History of Capital Punishment in India
Capital punishment has been practiced
in India since ancient times, evolving from harsh medieval executions
to the modern-day judicial process.
Ancient & Medieval India
- Manusmriti & Arthashastra supported the death penalty for crimes like murder, treason, and robbery.
- Kings often publicly executed criminals to instill fear.
- Methods included hanging, beheading, and burning.
British Colonial Rule
(1857-1947)
- The British introduced formal legal codes with capital punishment.
- Thousands of freedom fighters, including Bhagat
Singh and Udham Singh, were executed under British law.
Post-Independence India
(1947-Present)
- India retained capital punishment but made it rare.
- Supreme Court introduced the "rarest of rare" doctrine in 1980.
- Several mercy petitions were granted, but
some high-profile executions have occurred.
Understanding Capital Punishment
Definition
Capital punishment is the state-sanctioned
execution of a person convicted of a capital offense.
Common Execution Methods in
India
- Hanging (Primary method)
- Firing Squad (Rare, used in military cases)
Crimes That Warrant Capital
Punishment in India
- Murder (IPC Section 302)
- Terrorism (UAPA, POTA)
- Rape of a Minor (POCSO Act, 2018 Amendment)
- Drug Trafficking (NDPS Act, in extreme cases)
Legal Framework of the Death Penalty in India
Indian Penal Code (IPC)
Provisions
- Section 121 – Death for waging war against the state.
- Section 302 – Death for murder.
- Section 376A – Death for rape leading to
victim’s death.
Criminal Procedure Code (CrPC)
- Allows a convict to appeal to the High Court and Supreme Court.
- Mercy petitions can be filed with the President
of India.
Mercy Petitions &
Presidential Powers
- The President can grant clemency under Article 72.
- Several mercy petitions have been rejected (e.g., Afzal
Guru, Yakub Memon).
Landmark Supreme Court Judgments on Capital
Punishment
Bachan Singh v. State of
Punjab (1980)
- Established the "rarest of rare" doctrine.
- Death penalty should be given only when life
imprisonment is inadequate.
Dhananjoy Chatterjee v. State
of West Bengal (1994)
- First judicial execution in independent India
for rape and murder.
Nirbhaya Case (2012)
- Four men convicted of brutal gang rape and murder were executed in 2020.
- Led to stronger anti-rape laws in India.
Yakub Memon Case (1993 Mumbai
Blasts)
- First terrorist to be executed in India under
anti-terror laws.
Moral & Ethical Arguments Against Capital
Punishment
- Right to Life & Human Dignity – Execution violates fundamental rights.
- Risk of Wrongful Conviction – Judicial errors can lead to innocent lives lost.
- No Proven Deterrence – Studies show no direct link between death penalty and crime reduction.
- Cruel & Inhumane – Hanging is painful and outdated.
- International Pressure – India faces
pressure to abolish capital punishment.
Moral & Ethical Arguments in Favor of
Capital Punishment
- Retribution ("An Eye for an Eye") – Justice demands the harshest punishment for extreme crimes.
- Deterrence – Fear of execution can prevent crimes.
- Justice for Victims' Families – Provides closure to victims' families.
- National Security – Needed for terrorists
and dangerous criminals.
Public Opinion on Capital Punishment in India
- 70% of Indians support the death penalty for heinous crimes.
- Surveys show strong public demand for death penalty in rape cases.
- Political parties often use the death penalty debate for votes.
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Global Trends: How the World Views Capital
Punishment
Countries That Have Abolished
the Death Penalty
Many countries have abolished
capital punishment, either legally (de jure) or in practice (de
facto). These nations believe the death penalty is a violation of human
rights, particularly the right to life. The following countries have
abolished capital punishment entirely:
- United Kingdom – Last execution was in 1964; formally abolished in 1969.
- Canada – Abolished the death penalty for civilian crimes in 1976 and for all crimes in 1998.
- Australia – Abolished in 1985; the last execution occurred in 1967.
- Most of Europe – The European Union
prohibits capital punishment under the European Convention on Human
Rights.
Other abolitionist countries
include Argentina, South Africa, and Mexico. Even in nations where capital
punishment still exists in law, it is rarely used, with sentences often
commuted to life imprisonment.
Countries That Retain Capital
Punishment
Despite growing global
opposition, some countries retain and actively use capital punishment
for serious crimes such as murder, terrorism, and drug trafficking. These
countries include:
- United States – Retains the death penalty in some states; the method of execution varies, with lethal injection being the most common.
- China – Executes thousands annually, mainly for drug-related crimes and corruption.
- India – Uses the death penalty sparingly, following the "rarest of rare" doctrine.
- Saudi Arabia – Implements capital punishment
for murder, rape, and religious offenses; methods include beheading.
Other retentionist countries
include Iran, Pakistan, North Korea, and Indonesia.
Changing Global Attitudes
There is a growing international
trend toward abolishing or restricting the use of the death
penalty:
- United Nations (UN) – Regularly calls for a global moratorium on executions.
- Amnesty International & Human Rights Watch – Advocate for the worldwide abolition of capital punishment.
- International Court of Justice (ICJ) –
Opposes capital punishment in cases involving human rights violations.
With more nations moving toward
abolition, India faces increasing international pressure to reconsider
its stance on capital punishment.
Alternative Punishments: Life Imprisonment vs.
Death Sentence
As the debate over capital
punishment continues, many argue that life imprisonment without parole
(LWOP) is a better alternative to the death penalty.
Arguments in Favor of Life
Imprisonment Without Parole
- Prevents Wrongful Executions – If a person is wrongly convicted, they can be exonerated later.
- More Humane Punishment – Life imprisonment is severe but does not take away the fundamental right to life.
- Economically Viable – Death penalty trials, appeals, and execution costs are significantly higher than life imprisonment.
- Encourages Rehabilitation – Some prisoners
may reform and contribute positively to society.
Arguments in Favor of the
Death Penalty
- Deterrence Against Heinous Crimes – Fear of execution may prevent violent crimes.
- Justice for Victims & Families – Ensures that criminals are permanently removed from society.
- No Risk of Re-offending – Life imprisonment
still carries risks of escape or parole.
Which is a Better Option for
India?
India still retains capital
punishment but uses it sparingly. Some legal experts believe that LWOP
should replace the death penalty for most crimes, except terrorism and
mass murders, where capital punishment serves a greater deterrent
purpose.
Case Studies: Wrongful Executions &
Judicial Errors in India
One of the strongest arguments
against capital punishment is the risk of wrongful execution. India has
had multiple cases where convictions were later overturned due to lack of
evidence or judicial errors.
Case 1: Shankar K. v. State of
Maharashtra – Wrongful Conviction
- Facts: Shankar K. was sentenced to death for a murder case.
- Error: New evidence emerged proving his innocence.
- Outcome: His sentence was commuted, but he
had already spent years on death row.
Case 2: Surinder Koli (Nithari
Case, 2006) – Sentenced to Death, Later Commuted
- Facts: Koli was convicted in a series of child murders in Noida.
- Error: The case lacked proper forensic evidence, and Koli claimed his confession was obtained under coercion.
- Outcome: The Supreme Court stayed his
execution, leading to a debate on the fairness of capital punishment
in India.
What Can Be Learned?
- India lacks a robust review system to prevent wrongful convictions.
- The poor often do not get effective legal representation.
- Judicial errors in capital cases can lead to
irreversible consequences.
Religious and Philosophical Views on the Death
Penalty
Different religions and
philosophies take varied stances on capital punishment.
Religious Views
- Hinduism & Buddhism – Promote non-violence and mercy, opposing the death penalty.
- Islam & Christianity – Allow capital punishment for extreme crimes but emphasize forgiveness and mercy.
- Sikhism & Jainism – Strongly oppose any
form of killing, including capital punishment.
Philosophical Perspectives
- Retributivism – Supports the death penalty as just punishment for severe crimes.
- Utilitarianism – Opposes capital punishment, arguing it does not benefit society.
- Human Rights Perspective – Calls for abolition
as execution violates the right to life.
Role of Media in Shaping the Death Penalty
Debate
The media plays a crucial role
in influencing public opinion on capital punishment.
Positive Role of Media
- Raises Awareness – Highlights issues of wrongful convictions.
- Brings Justice – Public pressure led to
quick sentencing in cases like Nirbhaya (2012).
Negative Role of Media
- Sensationalism – Creates a mob mentality demanding executions.
- Bias & Misreporting – Can influence
judicial decisions unfairly.
Impact of Social Media
- Hashtags like #HangTheRapists create public pressure on courts.
- Online activism has made discussions on the
death penalty more widespread.
The Way Forward: Should India Retain or
Abolish the Death Penalty?
India is at a crossroads, with strong
arguments on both sides.
Arguments for Retention
- Acts as a deterrent for terrorism and heinous crimes.
- Public opinion still favors capital punishment for rape
and murder.
Arguments for Abolition
- Risk of wrongful execution remains high.
- International pressure for abolition is
increasing.
Proposed Reforms
- Stronger Judicial Safeguards – Ensure death sentences are error-proof.
- Better Legal Representation – Ensure that poor convicts receive fair trials.
- Move Toward Abolition – Gradually phase out
capital punishment and replace it with LWOP.
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Conclusion
The death penalty remains a
divisive issue in India. While some believe it is necessary for justice
and deterrence, others argue it violates human rights and risks wrongful
executions.
India must strike a balance
by limiting capital punishment to the rarest cases while ensuring justice
is delivered fairly and efficiently.
FAQs
1. Is the death penalty legal
in India?
Yes, but it is only given in the "rarest
of rare" cases as per the Supreme Court.
2. Does capital punishment
reduce crime?
There is no conclusive
evidence that the death penalty deters crime more effectively than life
imprisonment.
3. Who was the last person
executed in India?
The Nirbhaya case convicts
were hanged in 2020 for gang rape and murder.
4. Can the President pardon a
death sentence?
Yes, under Article 72 of the
Constitution, the President can grant mercy petitions.
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