This article has been written by Mrs. Aishwarya Gaikwad form MIT-WPU and the author is a 4th year law student.
The legal procedure of removing a person’s life after being found guilty of a major crime is known as capital punishment, sometimes known as the death sentence. The death sentence is still a lawful punishment in India even though it is a contentious issue globally. This article will go through the history, current situation, and pro- and con-arguments supporting the death sentence in India.
History of death penalty in India.
In India, the death penalty has a long and illustrious history. Murder, theft, and adultery are just a few of the offences that carry the death punishment according to the Manusmriti, an ancient Hindu literature.The British government often utilised the death sentence to uphold law and order throughout the British colonial era.
The death penalty was added to the Indian Penal Code, 1860, and the Code of Criminal Procedure, 1973, after India attained independence in 1947. Initially, only murder received the death sentence; but, throughout time, other offences including terrorism, treason, and drug trafficking were added to the list.
Since India’s independence, the death penalty has been a contentious topic. The death sentence has drawn flak for being unjust, unfair, and brutal. The death sentence has persisted in India’s judicial system despite these complaints.
In India, the death sentence has become less often applied in recent years. Only four people were put to death in India in 2015, the fewest executions since 2005. Using the concept of the rarest of the rare, the Indian Supreme Court mitigated the death sentences of 15 people in 2018.
Observation
The subject of the death penalty in India is one that is hotly contested. India’s judicial system has included the use of the death sentence for a very long period. In India, those found guilty of grave crimes including murder, terrorism, and treason among others receive the death sentence. The Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973 both govern the application of the death penalty. For a number of reasons, the application of the death sentence in India has been a hotly contested issue. First, India’s legal system has come under fire for being biassed and corrupt, which has resulted in erroneous convictions and unfair sentencing. There is worry that the death sentence does not serve as a deterrent but rather feeds a violent society. It might be argued that the death sentence breaches human rights and violates the right to life. The death sentence is still a component of Indian law notwithstanding these critiques. In India, the death sentence has become less often applied in recent years. Only four people were put to death in India in 2015, the fewest executions since 2005.With reference to the concept of the rarest of the rare, the Supreme Court of India reduced the death sentences of 15 people in 2018. The death penalty in India has also been called for to be abolished. The death penalty should be abolished in all except the most exceptional of circumstances, according to the Law Commission of India.Concerned about the impartiality of the legal system and the possibility of murdering innocent individuals, Human Rights Watch has advocated for a moratorium on the death sentence in India.
Cases based on death penalty
The “rarest of the rare” theory, which holds that the death sentence should only be applied in the rarest of circumstances if the alternative option of life imprisonment is insufficient to punish the perpetrator, was established in the landmark case of Bachan Singh v. State of Punjab in 1980.
The Supreme Court of India ruled in Jagmohan Singh v. State of U.P. (1973) that the death sentence should only be used in the “rarest of rare” circumstances where the perpetrator’s conduct exhibit extreme depravity and a total contempt for human life. Union of India v. Shatrughan Chauhan (2014) The legality of the death sentence in India was the subject of this lawsuit. The Indian Supreme Court upheld the death sentence as constitutional, but added that there should be safeguards to make sure it is not applied arbitrarily or in a discriminatory manner. Kehar Singh v. State: In this 1988 Supreme Court decision, the issue of whether the death sentence may be applied to a murderous conspiracy was discussed. The court determined that because there had been no actual murder, the death sentence could not be applied to a murder plot.
Indian Supreme Court v. Mohd. Arif: In this 2014 case, the Indian Supreme Court addressed the question of the postponement of the execution of death row inmates. The court determined that a death sentence execution delay of more than two years constituted cruel and inhumane treatment and was thus illegal.
Conclusion.
In conclusion, the use of the death sentence in India is still a hotly contested topic. The usage of the death sentence has decreased recently, yet there are still issues with the justice system’s impartiality and the violation of human rights. The death sentence has been criticised, and it is unclear how India’s judicial system will respond to these criticisms going forward.