Death Penalty Abolition Debate

[op-ed snap]Back to life: on the belated acquittal of death row convicts

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Mains Paper 2: Governance | Issues relating to development and management of Social Sector/Services relating to Health, Education, Human Resources.

From UPSC perspective, the following things are important:

Prelims level: Not much

Mains level: The newscard talks against the death penalty. It supports the argument that there is no point of allowing death penalty.


NEWS

CONTEXT

Six members of a nomadic tribe spent 16 years in prison in Maharashtra;three of them were on death row for 13 of these years.A three-judge Bench has now found that unreliable testimony had been used to convict the six men.

Supreme Court’s Judgements

  • In recent years, the Supreme Court has been limiting the scope for resorting to the death penalty by a series of judgments that recognise the rights of death row convicts.
  • A few years ago it ruled that review petitions in cases of death sentence should be heard in open court.

Deepening inequality in access to Justice

  • It is inevitable that the long wait on death row, either for a review hearing or for the disposal of a mercy petition, could ultimately redound to the benefit of the convicts and their death sentences altered to life terms.
  • In a system that many say favours the affluent and the influential, the likelihood of institutional bias against the socially and economically weak is quite high.
  • Also, there is a perception that the way the “rarest of rare cases” norm is applied by various courts is arbitrary and inconsistent.

Way Forward

  • The clamour for justice often becomes a call for the maximum sentence.
  • In that sense, every death sentence throws up a moral dilemma on whether the truth has been sufficiently established.
  • In that sense, every death sentence throws up a moral dilemma on whether the truth has been sufficiently established.
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