GS2 ( Government policies)
The Law Commission of India submitted its 262nd report on the issue of ‘Death Penalty’ in India recommending abolition of death penalty. What are your opinions on the same?
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Dibyendu Saha @dibyendusaha859
January 12, 2017 at 12:30 am
The Law Commission of India has taken a humanitarian approach by recommending abolition of death penalty to comply with the ideals of making a matured and compassionate judicial system.Though in this present scenario of increasing crime incidents in the country,to some experts,it simply means to encourage the criminals to do crime without any concern,it is not like that at all.
It has recommended to extinguish the death penalty in all cases except to the heinous crimes like terrorism which puts the nation’s security at stake.On this context,it can be inferred that it is under-estimating the other unpardonable crimes like rape or murder.No matter how much the law and order of the country becomes stringent,a person with ill motives will deter himself or herself only when he or she will think of its ultimate consequences.Though according to the law commission,there is no penological difference between life imprisonment and death penalty,the latter sounds harsher to a criminal.
But at the same time,from the ideological perspective,none should have the right of ending a life,not even by the law.It can be regarded as a ‘justified murder’ which is indicative of nothing but a vindictive attitude from the judiciary.
In a nutshell,to do away with the system is not the only resort,but the authority should come up with a replacing solution to this question, otherwise the great saying of Gandhiji is going to be held true—‘An eye for an eye only ends up making the whole world blind.’
@discuss and peers…Plzzz review…Thanks 😃
CA Ashish Jain @ca-ashishjain
January 11, 2017 at 8:21 pm
Amruta Joshi @amruta-joshi
January 11, 2017 at 1:26 pm
Death Penalty refers to the act where the individual is put to death as a punishment for committing a grave crime and is practiced in India. But, the law commission in its 262nd report has recommended to abolish death penalty.
ABOLISHING DEATH PENALTY
In, India death penalty is given in rarest of rare crimes as opined by the Supreme court. But, this interpretation has been varying and is subjective to each case. Death penalty goes against human dignity and cannot be justified in any sense. Even, the western countries have been abolishing death penalty. The person guilty of crime may realize his mistake and can be given a chance to improve himself. The report by NLU, Delhi shows that most of the convicts on death penalty are the ones who have committed crimes for first time and belong to poor , uneducated backgrounds.
DEATH PENALTY A NECESSITY
But , death penalty acts as a deterrent for individuals from committing henious crimes. Also, terrorists or the ones who have been guilty of mass human right violations hold no right to be saved who themselves were a curse to humanity.
Abolishing death penalty requires a humanitarian solution but it shouldn’t be used as a shield for the ones who have committed grave crimes.
Raman Raghav @lara-lara
January 11, 2017 at 9:08 pm
death penalty as necessity …deterrence point is wrong… There are no such evidences…even there are counter evidences…you may say it acts as a retributional justice from family point of view but that too is a misplaced thought… no space for correctional justice in case of new evidence….actually there are no strong points in favor …in my view avoid them
Kunal Aggarwal @kunalaggarwal
January 11, 2017 at 10:43 am
Death penalty has been used in rare of the rarest case in India by the Judiciary as a way to deter grossly inhumane practices like terrorism. Death Penalty has been used since centuries and was since as justice to the victim. However, over time, many states of the world have come to abolish death penalty.
Law commission had recommended abolition of Capital Punishment for all offences except waging war against nation and terrorism related offences. The constitution provides for powers to executive to commute the death sentences and even Pardon punishments. The executive has used these powers to decrease capital punishments except in terrorism related offences. Supreme court has also propounded the doctrine of rarest of the rare case so that capital punishment is not the norm.
Judicial and police system are designed to focus on reformation of the culprits. But capital punishment is regressive and should be resorted only in the cases where reformation is not possible. However, deciding whether reformation is possible or not itself is based on the human perception. So, it needs to be balanced out to be progressive. It needs to be controlled so that misuse of the provision are controlled.