This article has been written by Ms.Haya Khan, a student studying in B.A,LL.B. from Amity University,Kolkata.The author is a 2nd year Law student.
INTRODUCTION
The name “capital” comes from the Latin word “capitalis,” which means “concerning the head.” As a result, being sentenced to death entails losing one’s head.According to the Encyclopaedia Britannica, the death penalty is the execution of a person who has been sentenced to death by a court after being found guilty of a crime.
Capital punishment, also known as the death penalty, is a legal process where a person is put to death by the state for committing a crime. Throughout history, the use of capital punishment has been a topic of much debate, with both supporters and opponents having strong opinions on the matter. While some argue that the death penalty serves as a deterrent to crime and is a just punishment for heinous crimes, others argue that it is ineffective, costly, and violates human rights.
In this article, we will discuss the arguments against capital punishment.
The risk of executing innocent people:
One of the most significant arguments against capital punishment is the risk of executing innocent people. While the justice system is designed to be fair and impartial, mistakes can and do happen. DNA evidence and advancements in forensic science have exonerated many people who were wrongfully convicted and sentenced to death. However, for those who have already been executed, there is no chance for exoneration. The possibility of putting an innocent person to death is an undeniable risk of the death penalty and is unacceptable.
The death penalty is not a deterrent to crime:
Another argument against capital punishment is that it is not an effective deterrent to crime. Many studies have been conducted on the effectiveness of the death penalty as a deterrent, and the results are mixed at best. Some studies have found a correlation between the use of the death penalty and a decrease in violent crime rates, while others have found no correlation at all. Additionally, many experts argue that criminals who commit heinous crimes do not consider the potential consequences of their actions, making the death penalty an ineffective deterrent.
Capital punishment is costly:
The cost of capital punishment is another significant argument against it. The legal process for capital punishment is lengthy and expensive, involving multiple trials, appeals, and hearings. The cost of housing death row inmates is also much higher than that of housing inmates serving life sentences. In a time when many states are facing budget deficits, the cost of the death penalty is becoming increasingly hard to justify.
The death penalty is racially biased:
Many opponents of capital punishment argue that it is racially biased. Studies have shown that the race of the victim and the race of the defendant are significant factors in whether or not the death penalty is sought and ultimately imposed. African Americans are more likely to be sentenced to death than white defendants, and defendants who kill white victims are more likely to receive the death penalty than those who kill African American victims. This racial bias in the application of the death penalty is a significant concern and raises questions about the fairness of the justice system.
The death penalty violates human rights:
Finally, opponents of capital punishment argue that it violates fundamental human rights. The right to life is a universal human right, and the death penalty is seen by many as a violation of this right. The death penalty is also considered a cruel and unusual punishment by many, and the use of lethal injection as a means of execution has been the subject of much controversy. Additionally, many argue that the death penalty is a form of revenge, rather than justice, and is therefore incompatible with the principles of a civilized society.
DEATH PENALTY IN INDIA
There were 404 people on death row in India as of December 31, 2020, with Uttar Pradesh having the most (59), Maharashtra having 45, and Madhya Pradesh having 37. Andhra Pradesh has the fewest death row inmates, with only two. Article 21 of the Indian Constitution guarantees the fundamental right to life and liberty. It goes on to say that no one’s life or personal liberty can be taken away unless a legal procedure is followed. This has been construed legally to mean that if a procedure is fair and valid, the state can take a person’s life by passing legislation. This will happen only in the “rarest of rare” cases, and judges should present “exceptional reasons” when sentenced to death.
CASES OF “RAREST OF RARE”
The Supreme Court established the threshold for what constituted the “rarest of rare” in the landmark decision Bachan Singh v. State of Punjab (1980). The Supreme Court established some broad illustrative criteria, declaring that it should only be issued when the alternative of life in prison is “unquestionably foreclosed.” The court was granted broad discretion in reaching this conclusion. In contrast, the Supreme Court created the concept of balancing, aggravating and mitigating circumstances. To decide whether justice will be served if a sentence other than death is imposed, a balance sheet of aggravating and mitigating circumstances in a specific case must be developed.
DEATH PENALTY UNDER INDIAN PENAL CODE 1860
Several crimes in the Indian Penal Code carry the death penalty. They are discussed below:
- One of the crimes associated with the death penalty is fighting or attempting to wage war against India. Warfare against a country is a specific offence defined in Section 121 of the IPC. Anyone who attempts or succeeds in waging war against India faces the death penalty.
- The death sentence has also been linked to the suppression of mutiny. Section 132 of the I.P.C. provides for the suppression of armed insurrection by an officer or member of the army, navy, or air force. As a result, anyone who aids and abets the commission of a mutiny by an officer, soldier, sailor, or pilot in the army, navy, or air force of the Government of India, so that mutiny is committed as a result of that complicity, can be executed.
- The IPC’s Section 194 has been added to the list of offences punishable by death. Section 194 makes falsifying evidence punishable by the death penalty if done to gain a capital conviction for a crime. A person who commits such a crime may be sentenced to death.
- The death penalty has been related with assisting or supporting a minor’s suicide. Section 305 of the IPC addresses the penalty for assisting or supporting a minor or an intellectually handicapped person in committing suicide. As a result, anyone who commits this act may be sentenced to death.
- A person who commits murder faces the death penalty under Section 302 of the IPC.
- Kidnapping for ransom or for any other reason is a heinous crime punishable by death. Section 364A of the IPC makes it a crime to kidnap someone with the aim to cause them harm or death. Any individual who commits this crime faces the death penalty.
- The Criminal Law (Amendment) Act of 2013 introduced the following offences to the IPC for which a court may impose the death penalty:
Section 376A provides the death sentence for rape that results in the victim’s death or a persistent vegetative state, while Section 376E specifies the death penalty for repeat rape offenders.
- In addition, Section 396 provides for the death punishment in cases of dacoity with murder.
CONCLUSION
In conclusion, there are many arguments against capital punishment. The risk of executing innocent people, the ineffectiveness of the death penalty as a deterrent, the high cost of capital punishment, the racial bias in its application, and its violation of human rights are all significant concerns. While some argue that the death penalty serves as a just punishment for heinous crimes, the potential risks and flaws in the system cannot be ignored. As a society, we must continue to examine and debate the use of capital punishment and work towards creating a justice system that is fair, impartial, and truly serves the best interests of all citizens.
The death sentence has a history dating back over 4,000 years, and its use has only lately been restricted. Law changes, research on sentencing patterns, civil rights group monitoring, and U.S. Supreme Court decisions have resulted in a system whose sole objective is to provide justice. Federal courts postponed all executions in 1967 until constitutional questions concerning capital punishment could be resolved. By 1976, most states’ legislation had been changed to correspond to Supreme Court rules, and the death penalty had been reinstated in 37 states. Despite reforms, ensuring impartiality in the imposition of the death penalty remains difficult, and the costs of the capital trial and appeal procedures are high.Proponents argue that it is just retribution for specific offences, that it deters crime, protects society, and that it maintains moral order.
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