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Home / Case Against Death Penalty

The Case Against Death Penalty - Background, Aim, Issues and Other Updates - Notes for UPSC

Last Updated on Apr 25, 2023
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Under the Death Penalty Clause, a person who has committed a heinous crime like murder or rape can be executed as a part of his/her sentence. Even though the death penalty could be commuted to life in prison, the terms “death penalty” and “capital punishment” are frequently used interchangeably.

Case Against the Death Penalty is particularly important from the exam point of view as questions can be asked about this topic in both the preliminary (GS 1 Exam) and the mains examination (GS 3) of UPSC.

In this article on the Death Penalty, we shall discuss what it is, its history, significance, issues associated & other details.

The Case Against Death Penalty (UPSC Polity): Download PDF Here!

Recent update
  • Recently, the Supreme Court in Pappu vs State of Uttar Pradesh Case 2022 commuted a man’s death sentence to life in prison after finding him guilty of the rape and murder of a seven-year-old boy.

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What was the Supreme Court’s decision in the current case?
  • The Supreme Court, in its ruling, stated that the offender would not be eligible for “premature release or remission before enduring actual imprisonment” for 30 years.
  • It cautioned the trial judges against imposing the death penalty based only on how horrible the crime was and how it negatively impacted society.
  • The Supreme Court asked the lower courts to follow the Doctrine of Rarest of Rare Cases while awarding Death Penalty.
  • Also, The Supreme Court considered facts like the poor socio-economic background of the convict, zero criminal background and unblemished jail conduct while commuting his death sentence.

What is the death penalty?
  • The execution of a person who has been found guilty of a crime and sentenced to death by a court of law is called the death penalty, often known as capital punishment. It is the harshest punishment an accused can receive. The death penalty is used in India in the ‘Rarest of Rare Cases’ such as murder, rape, betrayal, etc.

Check out the linked article on the Types of majorities in the Indian parliament, article 249 for UPSC, now!

Status of Death Penalty in India
  • Criminal procedural regulations require the death penalty to be used as an alternative to life in prison, which offenders may receive in the “rarest of rare situations.” It is considered the most appropriate penalty and a powerful deterrent for the worst crimes.
  • The death penalty is granted in India only in circumstances of severe and horrific offenses,
  • The “right to life” cannot be infringed upon, according to Article 21 of the Indian Constitution.
  • According to the Indian Penal Code, several crimes, such as murder, dacoity with murder, the war against the government, supporting a rebellion, and anti-terrorism, are punishable by death (IPC).
  • The president can exercise mercy when a death sentence is involved.
  • In Bachan Singh v. State of Punjab, the court ruled that only the most egregious crimes or ‘Rarest of Rare’ Cases would receive the death punishment.

Process of Death Penalty
  • First, the heinous crime is committed. Then the investigation is carried out by the Police. Then the arrest of the accused happens, who is put under trial in the Sessions Court. If proven guilty, an order or judgment of the Death Penalty is given in the ‘Rarest of Rare’ Cases. Then the convict files an appeal in the High Court. If it gets rejected, the convict files an appeal in the Supreme Court. Then they appeal to the President of India for Pardon. When the President of India finally rejects their petition, he or she is executed under the rule of law.
  • Aggravated murder, other crimes that result in death, terrorism-related offences that do not result in death, rape offences that do not result in death, kidnapping offences that do not result in death, drug trafficking offences that do not result in death, treason, espionage, and military offences that do not result in death are among the crimes that in India are punishable by death.

Check out the linked article on the Right to Life (Article 21) for UPSC now!

Where does the Judiciary Stand in terms of Sentencing the Death Penalty?
  • Bachan Singh v. State of Punjab (1980): The Supreme Court defined the Rarest of Rare Cases doctrine. The Court further said that the death penalty could only be given in rare cases.
  • Mofil Khan v. State of Jharkhand (2021): The Supreme Court held that “the State is obligated to acquire evidence to establish that there is no prospect for reformation and rehabilitation of the accused”.

Arguments – In Favour of the Death Penalty
  • According to one of the fundamental principles of retribution, people should receive their just rewards in proportion to the seriousness of their crimes.
  • According to this claim, perfect justice necessitates wrongdoers enduring suffering commensurate with their crimes.
  • Deterrence: A common justification for the death penalty is that by executing those who have been found guilty of a crime, we would stop other people from committing murders.
  • Some supporters also say that the death sentence provides solace to the victims’ families.

Arguments – Against the Death Penalty
  • The statistical data does not support the effectiveness of deterrence.
  • Due to a medical or mental condition, some people who were put to death could not have been persuaded.
  • Since 2013, rape cases are now subject to the death penalty. (IPC Section 376A).
  • Rapes are still happening and getting more brutal.
  • This calls for consideration of the effectiveness of the death penalty as a crime deterrent.
  • The most prevalent defence against the death penalty is that it might ultimately kill innocent people due to errors or defects in the legal system.
  • In the vast majority of contemporary nations, the use of the death penalty as a form of punishment has been discontinued.
  • A person cannot be rehabilitated or reintegrated into society if they are given the death penalty.

What is the Rarest of the Rare Cases?
  • The rarest of the rare cases are cases where the murder is committed in a way that elicits a fierce outrage from the community. These murders might be horrifying, absurd, filthy, repulsive, or terrible when a murder is committed with the utmost terrible cruelty and brutality.

Why is there a Need to Avert the Death Penalty?
  • To demonstrate that the death sentence deters crime more than incarceration does, there is inadequate evidence.
  • Notably, despite the Criminal Law (Amendment) Act, 2013, which mandates the death sentence and life in prison for sexual assaults that result in the victim’s death or reduction to a chronic vegetative state, horrific rapes have not diminished in India.
  • Article 21 of the constitution’s guarantee of the right to life is violated by giving the government the authority to take a person’s life.
  • Focusing on those who cannot afford top counsel exacerbates societal inequalities.
  • Death is a harsher and more expensive penalty than life in prison.
  • Human rights activists contend that the death sentence is a harsh and brutal punishment for criminals.
  • The death penalty is equivalent to executing criminals as retaliation. By enforcing the death penalty, both the government and the populace commit murder.
  • The death penalty is not allowed by international human rights legislation.
  • The irrevocable nature of the death penalty makes it feasible for an innocent person to be mistakenly put to death.
  • The execution of prisoners on death row is not governed by fair or consistent law.
  • Punishment serves three main functions: exact retribution on the perpetrator, effect change, and serving as a deterrent.
  • The core principle of the reformation philosophy is that society must assist a convicted criminals in improving.
  • This goal, however, will be completely futile if the criminal receives the death penalty because they are not allowed to live.
  • The victim’s likelihood of surviving is reduced. For instance, the death sentence may encourage rapists to abuse their victims even more.
  • The populist death penalty is an extremely patriarchal response that overemphasizes the sexual component of the crime and raises the stigma attached to rape.
  • According to the legislative commission’s investigation, most people sentenced to death (about 76 percent) belonged to lower socioeconomic classes and religious minorities.
  • Additionally, as cases advanced through the court system, the proportion of inmates in the general category decreased while the proportion of SC and ST convicts increased. This discrimination goes against everyone’s legal rights to equality and protection from discrimination.

Also, read the article on Fundamental Rights with this link!

Previous Rulings of the Supreme Court on the Death Penalty
  • The Supreme Court declared that the deprivation of life is constitutionally allowed if done in line with the law in the 1973 case of Jagmohan Singh v. the State of UP. Hence, a death sentence imposed after a trial in line with the legal standards set forth by the CrPC and the Indian Evidence Act 1872 is not unconstitutional under Article 21.
  • In the 1979 case of Rajendra Prasad v. State of UP: The Supreme Court ruled that a criminal's enjoyment of his fundamental rights may be properly eliminated if his deadly activity puts social security in persistent, deliberate, and serious jeopardy.
  • Bachan Singh vs State of Punjab (1980) - This is a landmark case in which the Supreme Court laid down the "rarest of rare" doctrine for awarding the death penalty. The court held that the death penalty could only be given in cases where the alternative punishment is unquestionably inadequate and where the crime is exceptionally heinous and brutal.
  • The Supreme Court established criteria for deciding whether a case falls under the rarest of rare cases in its decision in Machhi Singh v. the State of Punjab in 1983.
  • Triveniben vs State of Gujarat (1989) - The Supreme Court held that the death penalty could be imposed if the court is satisfied that the case falls under the "rarest of rare" category and that the accused cannot be reformed or rehabilitated.

What can be the Way Forward?
  • Dealing with Police inaction: One of the main causes of the rising crime rate without any decrease in crime is the unjustified delay by police in submitting missing person reports and documenting written complaints of sexual assault survivors.
  • Dealing with Apathetic organizations: An example of how many sexual harassment situations don’t receive much public attention unless they go exceptionally far is the March 2018 incident in which a young child was sexually attacked and left bleeding while waiting for hours in a civil hospital.
  • Improving the Low conviction rate: This is why rapists are held more accountable and sexual crimes are perpetrated with more impunity. The National Crime Records Bureau’s figures, which reveal that many sexual offenders are repeat offenders, strongly demonstrate this point.
  • Therefore, increasing measures to empower and rehabilitate rape survivors while overhauling the police and judicial systems to enhance conviction rates are the greatest ways to curb India’s burgeoning rape culture.
  • Government spending must be increased to support the establishment of quick courts, the growth of one-stop crisis centers, enhanced witness protection, increased rape survivor compensation, and reformatting of the current child protection system.
  • Increase in the sex ratio.
  • India’s murder rate has decreased steadily since 1961, except in 1963, now the lowest it has ever been.
  • Studies reveal that the death sentence is not as effective in reducing homicide rates as a more even gender distribution.

Conclusion
  • Despite the Law Commission’s recommendation to eliminate it for offences of a less serious nature, activists reject the death penalty in its entirety.
  • The lengthy legal procedures involved in murder cases can be avoided if the death penalty is abolished.
  • It is time for the Supreme Court to decide whether the right to life protected by Article 21 has been violated when there is not enough political will to abolish the death sentence.

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The Case Against Death Penalty FAQs

The death penalty, often known as capital punishment, is the execution of a person who has been sentenced to death after being proven guilty by a court of law of a criminal offence.

Respecting human rights and dignity is incompatible with the death penalty. The death sentence violates the right to life, which is the most fundamental human right. The individual's right to be free from torture and other harsh or degrading practices is also violated.

Because it acts as a deterrence for further crime. And, it also gives a sense of closure to the family of the victim.

It instills the fear of law in the minds of culprits. It also helps to promote the concept of social justice and social order.

Bachan Singh vs State of Punjab (1980) and Mofil Khan vs State of Jharkhand (2021) are some of the famous cases related to the Death Penalty in India.
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