Capital Punishment: An inhumane Punishment?
It is one of the severe punishments given to any offender in any country, also known as death penalty. It is given in most brutal cases where the court has to show that the people who committed such crime will be punished with such harsh punishment so that deterrence can be created in the mind of the other people to not repeat any such crime. In India, it is confined to rare of the rarest cases to reduce the arbitrariness of the penalty. It is a fact that the death penalty is an issue of a very sensitive nature.
Talking internationally, Second Optional Protocol to the International Covenant on Civil and Political Rights aims at the abolition
of the death penalty. It believes that abolition of the death penalty contributes to enhancement of human dignity and progressive development of human rights.
That All measures of abolition of the death penalty should be considered as progress in the enjoyment of the right to life. But India, being non-signatory to the second protocol is not bound by the same. And thus, has not abolished the punishment of death sentence.
Some of the countries like U.K. and France have abolished the capital punishment given reference to violation of human rights. In countries like U.S. it is followed in some of the federal states.
Death penalty can be defined as lawfully giving death to someone who has done a wrongful act. What makes it different from other punishment is that it cannot be reversed and the sentence should be passed with utter knowledge of the facts and circumstances.
In India we are all bound with the constitution being the supreme law of the country. Article 21 gives us right that- No person shall be deprived of his life or personal liberty except as according to procedure established by law. Right to life is guaranteed to every citizen and it is also for the accused, being a citizen of India.
IPC, has given punishment as death penalty in many section like punishment for criminal conspiracy (Section 120B), waging or attempting to wage war against the Government of India (Section 121), abetment of mutiny (Section 132), murder (Section 302), dacoity with murder (Section 396) etc. It has also been given in various acts like Narcotics drugs and psychotropic substances acts, anti terrorism laws etc.
The Session Court if gives punishment of death penalty. It must be checked by the High Court. The accused can also appeal in the Supreme Court. After being Convicted by the Apex court too he has the remedy to ask for mercy petition which has given in Article 72 of the constitution giving the power to annul the death penalty by our President of the India. President has the power to pardon the accused in such crimes where the punishment given to him is very harsh.
Md.Ajmal Md.Amir Kasab @Abu … vs State Of Maharashtra
Facts: Kasab who is a Pakistani National, has earned for himself five death penalties and an equal number of life terms in prison for committing multiple crimes of a horrendous kind in this country. He was found guilty of all the charges and was awarded the death sentence on five counts, life-sentence on five other counts, as well as a number of relatively lighter sentences of imprisonment for the other offences.
Apart from the appellant, two other accused, namely Fahim Ansari and Sabauddin Ahamed, both Indian nationals, were also arraigned before the trial court and indicted on the same charges as the appellant.
The trial court gave death sentence to the Kasab while acquitted others. The High Court agreed with the death and didn’t interfere in the rest.
We are aware by the facts that a terrorist act was performed by these 10 terrorists and whole Mumbai was in fear. Kasab was caught red handed who was murderer of nearly 50 innocent people.
Judgment: SC held that it is a case of waging war against the govt. of India and it was hatched in Pakistan both of them fully accepted by the SC. He was held guilty and put to hang till death. This is one the recent case in which the SC gave death sentence and it was very necessary to show the other country that whoever try to wage war against India will face severe consequences and also it also curb the activities which led to hijack of the planes by terrorist to break jails for their terrorists who are in jails.
Facts: On December 16th, 2012 a young paramedical intern was beaten, brutalized and raped by five men and a juvenile on a moving bus. They threw her out afterwards and thereafter, she died due to her injuries and internal bleeding.
One of the accused was juvenile and he was given the benefit of that and latter were executed by the delayed justice.
Judgment has solved a lot of problems relating to rape cases. And juveniles who are involved in brutal gang rape are also treated as adult after this case. It was first time that death penalty was given in the rape case and it was a good decision according to me to curb such crimes against women who are in fear of going out because of such rapist and ill minded people.
MK Gandhi has said that we should hate the sin, not the sinner. But apparently this couldn’t be strictly adhered in the cases of inhumane, barbaric and heinous crimes. And it sounds so unjustified not to give them the proportionate punishment to that of their crime.
Capital Punishment: An inhumane Punishment?