Society and its relation with Capital Punishment | Criminal Law for Judiciary Exams PDF Download

Introduction

• Definition of Capital Punishment
  • Capital punishment involves the execution of individuals convicted of serious crimes by a court of law.
• Historical Context
  • Capital punishment has historical roots tracing back to ancient legal systems such as the Draconian era.
• Ethical Dilemma
  • Debates persist regarding the relevance of the 'eye for an eye' principle in a modern society emphasizing the 'Right to Life' and the 'Concept of Reformation'.
• Capital Punishment in India
  • Judicial Practices: Indian courts apply both deterrent and reformative theories in criminal cases.
  • Legal Status: India retains the death penalty for exceptional cases, following the criteria of 'rarest of the rare' or 'special reasons'.
  • Controversy: The use of the death penalty in India sparks discussions on morality, humanity, reformation, and justice.

Understanding the Death Penalty as a Society-Centric Punishment

• Legal Basis: The current legal framework, as established by the Supreme Court, revolves around the concept of the "rarest of the rare" cases. This principle, along with a set of aggravating and mitigating factors, is utilized to determine the appropriateness of imposing the death penalty on an individual.
• Execution Methods: There is ongoing debate regarding the mode of execution to be employed by the state, with a preference for methods that align with international norms of being "quick and painless."
• Societal Perception: The decision to award the death penalty is not solely judge-centric but rather society-centric. The assessment of what constitutes the "rarest of the rare" cases depends on the prevailing societal standards and perceptions.
• Factors Influencing Death Penalty Decisions:
  • Level of brutality involved in the crime
  • Nature of the crime (e.g., crimes against minors, sexual assaults)
  • Aggravating and mitigating factors
• Precedents for Imposing Death Penalty: In the case of Macchi Singh v. State of Punjab, specific considerations were taken into account before awarding the death penalty for murder, including factors like brutality, motive, and magnitude of the crime.
• Judicial Process: If a trial court issues a death sentence, it must be confirmed by the High Court. The decision can then be appealed to the Supreme Court of India, followed by avenues for review, curative petitions, and mercy petitions.
• Judicial Safeguards: The Supreme Court emphasizes that the execution of a person cannot proceed until all legal remedies have been exhausted, ensuring due process and protection of individual rights.

Arguments, Controversies and Reasoning:

• Debates often arise regarding the appropriateness of imposing the death penalty on convicted individuals.
• The Death Penalty India Report (DPIR) of May 6, 2016, revealed that economically disadvantaged prisoners constituted 74.1% of those sentenced to death, whereas non-vulnerable prisoners made up 25.9%.
• In Kerala, 93.3% of prisoners sentenced to death belonged to the economically vulnerable group, with limited education and lower social status.
• Factors contributing to such disparities include low education levels leading to committing serious crimes or socio-economic conditions influencing court judgments.
• In the Manu Sharma v. State (NCT of Delhi) case, the offender received life imprisonment instead of the death penalty due to the nature of the crime not being deemed a direct threat to society.
• Supporters of abolishing capital punishment in India, often referred to as "liberals," cite the low crime rates in countries like Switzerland and Scandinavia where the death penalty has been eliminated.
• According to Amnesty International, by the end of 2018, 106 countries had abolished the death penalty for all crimes, with 142 countries either abolishing it in law or practice.
• Comparative population statistics between Switzerland and India highlight the contrasting urban percentages and overall population sizes.
• Crime index comparisons show India's position relative to other countries, with efforts to address crime rates being a significant concern.
• Qatar's strict laws include the death penalty for various offenses such as espionage, murder, terrorism, and apostasy, with punishments like flogging for certain crimes.
• Legal debates in India, such as in Deena v. Union of India, have questioned the humaneness of hanging as a method of execution, advocating for more dignified alternatives.
• Court decisions on death penalty cases, like in State CBI/SIT v. Nalini, demonstrate the balance between justice and compassion, with considerations for leniency based on humanitarian grounds.
• In Attorney-General of India v. Lachma Devi, the court emphasized that while crimes may be severe, punishments should avoid barbarity, reflecting the evolving understanding of justice.

Should rape and sexual assault cases demand Death penalty?

• Public Outrage:
  • High-profile rape cases in India often trigger public outrage, leading to demands for harsh punishments like the death penalty.
  • Instances like the Delhi and Hyderabad rape cases have sparked calls for severe consequences for perpetrators.
• Legal Statistics:
  • A report from NLU Delhi highlighted a rise in death sentences for sexual offenses, with a significant percentage increase from 2018 to 2019.
  • The Supreme Court of India under Chief Justice Ranjan Gogoi saw a notable increase in capital punishment cases in 2019.
• Debate on Deterrence:
  • Experts like Jeffrey Fagan and Daniel Nagin question the effectiveness of the death penalty as a deterrent for crime.
  • Research suggests that the certainty of apprehension is a more significant deterrent than the severity of the punishment.
• Call for Lynching:
  • Some segments of society advocate for extreme measures like lynching rapists, as seen in social media movements.
  • The need for a fair trial is emphasized, citing cases like the Ryan school murder where wrongful accusations led to an innocent person facing harsh punishment.
• Importance of Fair Trial:
  • Every individual, including the accused, deserves a fair trial as guaranteed by the Constitution of India.
  • Article 21 of the Indian Constitution upholds the right to life and personal liberty, emphasizing the need for due process and justice.

Responsibility of Judiciary and Police Department

• Challenges faced by Judiciary and Police department go beyond slow judicial processes
• Key issues include severe shortage of judges and officers leading to understaffing

Staff Shortages

• India has a significant number of vacant police posts, creating a strain on law enforcement
• States like Uttar Pradesh, Bihar, and West Bengal have a high number of unfilled police positions
• Vacancies in both lower courts and higher judiciary further exacerbate the problem

Impact on Justice Delivery

• Large backlog of cases in Indian courts, with millions of cases pending
• Delays in justice delivery can be detrimental, as seen in instances like the Nirbhaya case
• Death row convicts often face prolonged trials and appeals, leading to delays in justice

Public Perception and Vigilantism

• Public frustration with delays in justice can sometimes lead to vigilantism
• Example of Akku Yadav case where lack of legal action led to a mob taking matters into their own hands
• Incidents like these highlight the consequences of a failing justice system

Ensuring Timely Justice

• Importance of legal systems functioning efficiently for the benefit of society
• Quoting Martin Luther King Jr., "Injustice anywhere is a threat to justice everywhere"
• Need for a system that prevents vendettas and promotes a fair and timely resolution of cases

Conclusion

In conclusion, while reports suggest a correlation between the abolishment of the death penalty and decreasing crime rates in some countries, it cannot be unequivocally stated that countries retaining capital punishment do not experience a decline in crime. Examining various arguments and their rationales reveals the existence of numerous factors, ranging from high illiteracy levels to overpopulation, contributing to elevated crime rates. Certain cases, such as terrorism, sexual assault offenses, rape, and murder, may be deemed as part of the "rarest of the rare cases" that involve societal concerns. The primary focus should be on enhancing the judicial system within the country. Additionally, careful scrutiny is essential before imposing a death penalty, considering its permanence and irreversibility. It is crucial that all relevant facts are thoroughly examined before reaching such a significant decision.