Should the death penalty be legal? Essay

Essay on Should the death penalty be legal?

Should the death penalty be legal? Essay : Taking into account the circumstances brought forth by the twenty-first century, the arguments in favour or against the ‘Death Penalty is perhaps the most important social discussion. The Death penalty in India like any other country claiming to have modernised itself is a fundamental aspect of the criminal justice system. The conspicuous growth in the human rights movements has questioned the legal system as unethical. In order to question the legality of the ‘Death Penalty’ it is crucial to assess its origin and analyse whether the death penalty shall be legal or not.

Discussion

The Death Penalty is a precedented concept that has existed since the inception of civilization. The Death Penalty was present in varied forms including beheading the individual imposed by the monarch in ancient times for defying the ruler’s commands. It found a place in the Indian Penal Code of 1860 resulting in its legal incorporation and it has been lawful in India ever since.

The 20th Century Indian Society witnessed a campaign to abolish the death penalty, which lead to numerous states following suit to condemn the death sentence. The continued existence of the death penalty in the Indian Judicial System has triggered several discussions and controversies. Human Rights advocates presenting gripping evidence arguments for the death penalty’s abolition.

Those in favour of abolishing the death penalty have argued that:

i)Prevent Execution of innocent people: Irrespective of the fairness of any Judicial System, it is subjected to human errors.  In the span of 2000-2014, various courts of India had penalized around 440 individuals with the death penalty but were determined to be innocent of all accusations.

ii) Inequality in execution: The death sentences are regularly exorbitant against the poor, minorities and members of racial, political and religious communities.

iii)Inhumane: Human rights and dignity are incongruent with the death penalty. The fundamental Right to Life enshrined in the Constitution is violated by the death penalty. It also ignores the right not to be tortured.

iii) Prevention of future crimes: The death sentence does not have the preventive value it claims to. There is no conclusive evidence to suggest that the death penalty for an offence prevents the repetition of the same in future.

iv) Opinion of the Masses

Death Penalty is often executed to appease the demands of public opinion. It is beyond legal authority and therefore completely unfair

(a)  The 262nd Law Commission Report

With the ever-growing prominence of the human rights movement, the policies of the death penalty have undergone considerable changes. The 262nd Law Commission Report has ushered in drastic changes in the Indian Penal Code. The law has widely hailed as a ‘historic’, ‘seminal’, ‘decisive’ and in an amplified tone a ‘paradigm shift’. By advocating revisions to the language of exception the new report considers engagement in terrorist activities as an exception worthy of the death penalty sentence.

(b) International Policies for Death Penalty

Regardless of the existence of policies for the death penalty in several countries such as Saudi Arabia, North Korea, Vietnam, Egypt, Somalia and others, the legislators of the International Covenant on Civil and Political Rights (ICCPR) have endeavoured to abolish it in international law. Even then  Article 6 of the ICCPR permits the use of the Death Penalty.

Conclusion

The matter of the Death Penalty is of great contention between groups with contradictory viewpoints. Although the majority of countries have endeavoured to diminish the scope of capital punishment, there are many crimes such as terrorism that are yet to be resolved by many nations. In my opinion, the death penalty shall be decided by analysing the nature of crimes.

FAQs

Q1. What is the death penalty also known as?

Ans:  Death Penalty is also known as Death Sentence or Capital Punishment.

Q2. What is the full form of ICCPR?

Ans: ICCPR stands for International Covenant on Civil and Political Rights.

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Updated: December 1, 2022 — 11:04 pm

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