CAPITAL PUNISHMENT, also known as the DEATH PENALTY, is the state-sanctioned killing of a person as punishment for a crime. It is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering capital punishment is called the death sentence. The act of carrying out the sentence is called an execution. A defendant sentenced to death and waiting for execution is said to be on death row.
Some arguments against CAPITAL PUNISHMENT include:
- It violates the right to life, which is a fundamental human right.
- It is cruel, inhuman, and degrading.
- It is discriminatory, often used against the most vulnerable in society.
- It does not rehabilitate prisoners, which is the purpose of punishment.
- It breaches human rights, in particular the right to live free from torture or cruel, inhuman or degrading treatment or punishment.
Some recent judgements on CAPITAL PUNISHMENT: –
- Supreme Court to lay down procedure to avoid delays in execution
On September 5, 2024, the Supreme Court announced that it would establish a procedure for the state and judiciary to follow after a death sentence is confirmed and a mercy petition is rejected. The goal is to avoid delays in carrying out the sentence.
- Bombay High Court commutes death sentence to life term
On October 10, 2024, the Bombay High Court commuted the death sentence of a man who set a woman and her two-year-old child on fire.
- Bombay High Court upholds death sentence for man who killed and ate his mother
On October 1, 2024, the Bombay High Court upheld the death sentence of a man who killed his mother and ate her organs.
Other recent developments related to CAPITAL PUNISHMENT in India include:
- In 2022, the Supreme Court confirmed two death sentences.
- In 2023, the Supreme Court did not affirm any death penalties, but declined to commute the death sentence of Balwant Singh Rajoana.
- The Supreme Court has upheld the constitutional validity of capital punishment in landmark cases, including Jagmohan Singh V. State of UP.
- The Supreme Court has guided trial courts to consider mitigating circumstances that could lead to a less severe punishment.
- The Supreme Court has reiterated that the death penalty cannot be awarded based on “public opinion”.
