It is being debated for a long time whether death penalty is a crime deterrent
or not. While human right activists are in favour of abolishing death penalty ,
judiciary and legislature has opposed any such abolition.
Lets go down in details.
- When referring to the human rights advocators:
They believe that death
penalty was a method used in earlier barbaric period to undo a wrong done.
In today's modern times, when everyone is given same kind of protection ,
the idea of death penalty is often seen as a arbitrary power endowed to
judges. But is it ?
Usually example of countries like cuba , Sweden etc are given � that they
abolished death penalty and are receiving good results with high conviction.
Thus, better mode of crime deterrence.
IT IS TRUE ! improved conviction rate results into crime reduction. I go by
this logic , entirely. But what needs to be understood is:
- Indian society is much different than certain advanced nations like cuba.
- The logic behind death penalty is not to deter crime. But to remove
certain miscreants from the society so that the society doesn't go into
shock , doesn't end up taking law in their own hands.
- But then what would be the alternative? If not death penalty , then
The human right activist says, LIFE IMPRISONMENT is a better option than death
punishment. Whilst , it may look a more humane approach but no. this should not
be done. For the following reasons:
So no LI , is not a better alternative.
- These convicts will be living well , after destroying the life of a
certain victim who had a whole life in front of them ( eg- Nirbhay case, the woman was
young, had bring future ) . plus the fact, they are eating well with the money
of tax payers? The public will end up retaliating
- The jail infrastructure is not adequate to handle so many prisoners. It
will add to much burden on the government to give LI to everyone. Already
jail conditions are not so good.
- President's pardoning power: APJ Abdul Kalam ji's tenure as president saw
maximum cases of pardoning. That means, the offender will be brought back into
the society. Imagine living in a house next to Nathari , just because he has a
scope to improve! LOL
- Is the death penalty given arbitrarily in India?
NO ! NO ! NO!
Lets revist the landmarks judgements of Macchi singh v. State of Punjab and
Bachan singh vs. State of Punjab � the two gave the doctrine of rarest of rare
case coupled with mitigating and aggravating factor determination methodology.
It said that death penalty is not to be given in any case or all case. It is to
be given after due consideration to all the aggravating and mitigating factors
and only afterwards the accused gets his sentence. Ravi vs. state of Maharashtra
will be a wonderful case study in this matter.
- Current status?
Today most judges has taken a lenient approach towards death penalty and is not
given even in case where aggravating factors exceeds mitigating factor- BILKIS
BANO. How can court be so lenient to release the accused? Well , we can only
hope for a better decision, afterall it is their discretion.
I saw, in a certain case � a judge quoted " even a prisoner has a future"- wise
words of Oscar wild. Funny, how the interpretation of these famous words are
used to release hard core prisoners back into the society.
**Death Penalty Is Not A Detterent Mechanism. Merely Intends To Make The
Society A Safe Place By Eliminating Such Irritants Who Are Beyond Reformation.