Death penalty in India-issues and challenges

Abstract

The death penalty debate is the most socially relevant debate, keeping in mind the circumstances that have been brought about by the 21st century. Death penalty forms an integral part of the criminal justice system in the Indian State. With the increasing strength of the human rights movement, the very existence of death penalty is questioned as immoral. This however is a surreal argument as keeping one person alive at the cost of the lives of numerous members or potential victims in the society is unimaginable and in fact, that is immoral. Death penalty is a debatable international topic and every country stands with different opinion in this context. It has been banned in various countries where as, it is regarded as panacea to the persistent threat to the society. United Nations prohibits death penalty in all of its forms declaring it as barbarous and inhuman. India is party to UN conventions but it has always voted against the question of global moratorium on the death penalty. India restricts itself to apply the provisions of UN resolutions on death penalty. Indian legislation has several provisions that provide death penalty for some serious type of offences. During the 1980s the Supreme Court sought to restrict the use of the death penalty by characterizing it as a punishment reserved only for the “rarest of the rare” cases. This category is no where defined in the constitution or any other legislative provision. It‟s all judicial creativity based on facts and circumstances of the case and subjected to judicial mindset and judicial creativity. Here, we have examined various case laws and tried to find the reasonability behind the category of rarest of rare. In a case, for a crime, a person is awarded death sentence and for the same offence in another case, accused is given life imprisonment, proving the theory of rarest of rare as vague. It is subjected to arbitrary practices which infuses corruption in system. Provisions of mercy petition by President and governor proves to be inconsistent with the criteria of awarding death penalty. India is a land of customs, beliefs and superstitious traditions. This paper examines and elucidates strong reasons as to why 5 the existence of death penalty is important to the peace and tranquility of the society at large. As against the common belief that an innocent person may be sent to the gallows by false conviction, this paper goes on to explain the various checks and balances available, that ensure that no innocent person is condemned while at the same time ensuring that no person who s guilty of the most heinous crimes is allowed to go scot – free. The paper ends by advocating the existence of death penalty, as it deters and helps lower the crime rate.