Death Penalty: Challenges and Way Forwards
“Justice is never advanced in the taking of human life. Morality is never upheld by a legalized murder”
The death penalty, commonly known as capital punishment, has been a highly debated issue around the world. Supporters argue that it serves as a deterrent and a form of justice, while opponents raise concerns about human rights violations and the potential for wrongful convictions. This article aims to explore the various perspectives surrounding the death penalty, considering its ethical implications and practical considerations. By examining historical contexts, global trends, arguments for and against the death penalty, concerns raised by opponents, alternative approaches, and international movements, we can develop a comprehensive understanding of this complex subject.
In the pre-Morden time execution was done in a cruel manner which was quite painful like boiling alive, burning alive, bleeding to death etc. But now due to evolution, many things have changed the way of giving punishments in cases in which the death penalty can be granted etc. In modern times punishments are granted in rare cases and the execution is done in six ways which are hanging, shooting, lethal injection, gas inhalation, beheading and electrocution. and the offences under which the death penalty is given are cases of murder, terrorism, rape, adultery etc. the only country where all these forms of punishment are given are China and North Korea other wise rest of the countries follow 1 or 2 forms of the giving punishment.
There are many cases under which many people are executed under the death penalty the first person who was executed after independence was Rasha alias Raghuraj Singh he committed murder and after this a lot more were executed and the first woman to be executed after independence was Rattan Bai Jain she was executed for the murder of 3 girls.
One of the most famous cases in India where the death penalty was imposed on a rape case was of Nirbhaya rape case this was the rarest of the rare case in these types of crimes execution is done by hanging people.
In IPC under section 52 there are 6 types of punishments which also deals with the death penalty. Section 302 and 303 of IPC provide the death penalty for the person who has committed murder, section 396 deals with the person who has committed dacoity with murder, and section 132 under this whoever abets the commuting of mutiny by officer, sailor, army etc. shall be punished with death. In rape cases also death penalty is introduced.
Under Article 72, the president has the power to commute or can pardon the punishment and under Article 161, the state government has the power to either commute or pardon the punishment of the victim.
Bachan Singh v. State of Punjab
The allegation was for murder, he committed one murder and came out again he murdered due to this the doctrine came which was “Rarest of the rare” and the court also held that the mitigating circumstances and aggravating circumstances need to be taken into account
Machi Singh v. State of Punjab
In his case, there was an extension of aggravating and mitigating circumstances. In this case, the court held that there should be a proper balance sheet where aggravating and mitigating circumstances will be written and with the help of this, the punishment would be allocated. It would also be beneficial for the public to understand better why the punishment is allowed.
Upendra Pradhan v. State of Orissa
In this case, the accused was charged for the following section under IPC which are sections 307, 302 and section 34. In this case, the session court held that the person is guilty and will be awarded life imprisonment but the session court, in this case, did not give a proper reason for the punishments and the case was opposed by the high court without giving any reason for the same. Under this, the court violated section 354(3) of CrPc.
Shabnam v. State of U.P.
In this case, the accused along with his lover killed the family member of Shabnam(accused).
The accused was MMA and a teacher. She was in love with a person who was not qualified enough due to this her family members were not allowing them to get married and because of this reason the accused had put some sleeping medicine in the food and with her lover she murdered her family members. In this case, Shabnam with her lover was held guilty. Many appeals were made by Shabnam.
Shabnam was pregnant and due to this many people argued to leave her because of the small kid she was having but the court did not consider it and gave the death penalty.
CHALLENGES
Human rights concerns:
When the punishments like death penalty are given to the accused then the violation of their right to live and prohibition of cruel, inhumane etc. are violated as stated in international human rights standards. So it’s a very big challenge for a country which is practicing the death penalty to look upon whether Huma’s rights are violated or not.
Wrongful convictions:
There is always a risk of convicting and executing innocent individuals. Flaws in the legal system, such as inadequate legal representation, faulty forensic evidence, false confessions, or witness misidentification, can contribute to wrongful convictions.
Arbitrariness and discrimination:
The application of the death penalty can be arbitrary and biased, disproportionately affecting certain racial or ethnic groups, individuals from lower socioeconomic backgrounds, or those without adequate legal representation.
Public opinion and morality:
Public opinion regarding the death penalty varies, and moral and ethical considerations are at the centre of debates. There are differing views on whether the death penalty is a just and effective form of punishment or if it violates the dignity of human life.
Cost and resources:
The death penalty often requires significant financial resources due to the complex legal procedures involved, including extensive appeals processes. Maintaining death row facilities and ensuring the appropriate administration of justice can be costly for governments.
International perspectives:
The death penalty is abolished or rarely used in many countries around the world. Its continued use can strain diplomatic relations and lead to criticism from international organizations and human rights advocates.
Impact on families and society:
The death penalty can have a profound emotional and psychological impact on the families of both victims and those sentenced to death. It can also perpetuate a cycle of violence and hinder the possibilities of rehabilitation and reconciliation.
It’s important to note that these challenges are often at the heart of debates surrounding the death penalty, and different jurisdictions may have varying perspectives and approaches to its use.
WAY FORWARD
Application of Bacchan Singh and Machi Singh v. State of Punjab:
If we are giving the death penalty then we should consider aggravating circumstances and mitigating circumstances. So that no guilty should be left out and no innocent person should be given punishment we should make a proper balance sheet and this concept was introduced in Bacchan Singh and Machi Singh v. State of Punjab.
Abolition of the death penalty:
Many arguments are going on about whether we should abolish the death penalty or it should remain many countries consider the death penalty as a legal reform and some countries have abolished this death penalty as the death penalty is irreversible and violates the right to life. The first country which abolished the penalty was Japan but it was for a temporary period.
Improved legal safeguards:
It is very important to improve the legal system, when it comes to the death penalty examining the evidence and implementing the noise to give the punishment independence and transparency of the judiciary is very important in ensuring that every legal right of the person is safeguarded by the authorities evidence should be proper so that no innocent is punished. Implementing the laws is very important like the law was violated by the courts in the case of Upendra Pradhan v. State of Orissa.
Moratoriums and temporary suspensions:
The countries which are continuing with the death penalty should examine every aspect of the case
effectiveness, and fairness This allows time for public discourse, legal review, and evaluation of international standards and best practices.
Focus on rehabilitation and restorative justice:
Emphasizing rehabilitation and restorative justice can shift the focus from retribution to addressing the underlying causes of crime and promoting societal healing. Investments in rehabilitation programs, mental health services, and support for victims can help create a more just and compassionate criminal justice system.
International engagement and dialogue:
The government should engage with other countries and discussion and should collaborate search that we can keep the experience from other countries in the exercises that they are performing on how about handling those grievances, how they are raising awareness, promote human rights, and other alternative approaches to the death penalty
Judicial Accountability:
There should be judiciary accountability when it gives orders it should follow all the rules and regulations when it gives orders.
CONCLUSION
So to deal with every problem there is a different way but the procedure should be followed appropriately so that everyone should enjoy their rights whether it is a criminal. Every country has its prospect to deal with cases. We should not opt for everything from other countries. The judiciary should work independently because every country has a different culture and context. However, it will be a debated topic if we abolish or continue with it in future.