Death Penalty in India: Debates and Judicial Trends

Abstract

The death penalty is one of the most debated topics in contemporary society. In India, the death penalty is reserved for the “rarest of the rare” cases, yet its presence and application remain controversial. Some argue it is necessary to curb rising heinous crimes, while others claim it does not effectively deter such offenses. The debate is further complicated by the lack of death penalty provisions for minors and certain serious crimes, which some perpetrators exploit. This article explores the death penalty’s legal framework, arguments for and against its use, and notable judicial trends in India.

Introduction

The death penalty, also known as capital punishment, is a legally sanctioned practice for punishing the most severe criminal offenses. Section 53 of the Indian Penal Code (IPC) of 1860 outlines five types of punishment, with the death penalty reserved for extreme cases, such as murder, rape, or treason. The Code of Criminal Procedure (CrPC) Article 354(5) mandates the specific procedures for carrying out the death penalty, including sentencing the offender to hang until death after conviction. This provision underscores the role of the death penalty within India’s justice system but also raises questions regarding its moral, ethical, and practical implications.

Why Is There a Debate Over the Death Penalty?

The death penalty raises numerous questions and ethical dilemmas related to justice and punishment. Key questions include:

• Is the death penalty an effective deterrent against crime?
• Does it truly provide justice to victims?
• Is this form of execution humane and painless?
• Should a person who takes a life be subjected to the same fate?
• Is capital punishment preferable to life imprisonment for serious offenders?

To explore these questions, it is necessary to consider arguments both for and against the death penalty.

Arguments in Favor of the Death Penalty

1. Retribution

   The concept of retribution suggests that punishment should be proportional to the crime. This “eye-for-an-eye” approach argues that the death penalty is an appropriate punishment for murder, providing a sense of justice by making the punishment match the severity of the crime.

2. Deterrence

   The death penalty is often seen as a strong deterrent, discouraging individuals from committing heinous crimes by demonstrating severe consequences. By executing convicted murderers, proponents argue that society sends a clear message about the repercussions of severe crimes.

3. Rehabilitation

   Although it may seem contradictory, some argue that the death penalty allows for a form of spiritual or moral rehabilitation. Philosopher Thomas Aquinas noted that by accepting the death penalty, the offender may atone for their actions, potentially alleviating punishment in the afterlife.

4. Closure and Vindication

   For many families affected by heinous crimes, the death penalty provides a sense of closure. While not all victims’ families find peace through capital punishment, some feel vindicated knowing the offender is held accountable through the ultimate penalty.

Arguments Against the Death Penalty

1. Value of Human Life

   The sanctity of human life is paramount, even for those who have committed murder. Critics argue that a person’s worth is not diminished by their actions, and the value of life should not be negated, even in the case of severe offenses.

2. Right to Life

   Article 21 of the Indian Constitution guarantees the right to life, an inalienable right extended to all individuals, including those who commit crimes. Critics argue that sentencing someone to death violates this fundamental right, conflicting with the ethos of a humane legal system.

3. Execution of the Innocent

   One of the most compelling arguments against capital punishment is the potential for irreversible errors. Flaws in the justice system can lead to the wrongful execution of innocent individuals, and history provides numerous examples of such miscarriages of justice.

4. Retribution is Wrong

   Capital punishment may perpetuate violence rather than deter it. Critics suggest that “teaching that killing is wrong by killing” sends a contradictory message and promotes a culture of vengeance, rather than one of rehabilitation and reform.

5. Failure of Deterrence

   Evidence suggests that the death penalty may not effectively deter crime. A UN survey conducted in 1988 showed that people are more deterred by the likelihood of being caught and punished than by the threat of execution. Immanuel Kant’s principle also applies here: rational human beings should be treated as ends in themselves, not as a means to an end.

6. Circumstances Beyond Control

   Many individuals sentenced to death have acted under circumstances beyond their control, such as mental illness, societal pressures, or economic hardship. The justice system must consider these factors to ensure that punishment is fair and just.

7. Cruel, Inhumane, and Degrading Treatment

   The death penalty is often considered cruel, inhumane, and degrading. Methods such as electrocution, lethal injection, and hanging can inflict significant pain and suffering on the condemned. This suffering has led many to argue against the death penalty, advocating for more humane approaches to punishment.

These arguments make the death penalty a complex issue, one with no universally accepted answer. Different countries have adopted varied approaches, with some enforcing capital punishment for crimes such as rape, while others have abolished it entirely.

Death Penalty Trends in Various Countries

1. Death Penalty in Saudi Arabia

   Saudi Arabia remains one of the world’s top executioners, with beheading as the standard method. In 2023, the country executed 172 people. Under Sharia law, Saudi Arabia enforces the death penalty for apostasy, treason, murder, rape, and other serious offenses. Concerns over fairness persist, as judicial decisions often occur behind closed doors, with limited transparency. Although minors were previously subject to the death penalty, a 2020 reform now limits their punishment to a maximum of 10 years in juvenile detention

2. Death Penalty Trends in the United States

   In the United States, the death penalty is legal at the federal level and in 27 states, with 20 actively carrying out executions. The practice dates back to colonial times, although the U.S. Supreme Court paused executions between 1967 and 1977. Following the 1975 Gregg v. Georgia decision, capital punishment was reinstated for aggravated offenses. In 2023, the U.S. executed 24 people by lethal injection, the preferred method.

3. Death Penalty in India

   India has a long history with the death penalty, applying it in the “rarest of rare” cases, especially after landmark cases shaped the law:

   • Ediga Anamma v. State of Andhra Pradesh (1974): Established life imprisonment as the norm, with the death penalty as an exception.
   • Jagmohan Singh v. State of Uttar Pradesh (1973): Held that deprivation of life under a fair trial is constitutional.
   • Bachan Singh v. State of Punjab (1980): Introduced the “rarest of rare” doctrine for death penalty cases.

   Recent cases, such as the infamous 2020 Nirbhaya gang rape case, have reinforced the death penalty’s application in India’s judicial system, underscoring its role in high-profile, heinous crimes.

Conclusion

The Indian justice system primarily focuses on reform over retribution, contributing to India’s relatively low execution rate. However, certain crimes, such as terrorism and brutal sexual assaults, highlight the need for harsher penalties to instill deterrence and provide justice. Although controversial, the death penalty can be appropriate in exceptional cases, reinforcing the principle that justice should balance both reformative and retributive approaches. In cases where heinous crimes shock the conscience of society, capital punishment may serve as a tool to uphold the integrity of the legal system and address the demands for justice.

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