Why is it in the news?
- The recent use of nitrogen gas (in Alabama) for execution marks a significant departure from traditional execution methods.
- The use of nitrogen gas as a means of execution has prompted discussions about the broader implications of capital punishment and its place in contemporary society.
Arguments in Favor of Capital Punishment
- Proponents argue that the threat of facing the death penalty may deter individuals from committing heinous crimes due to the severity of the consequences.
- Capital punishment is often viewed as a form of retributive justice, wherein perpetrators are held accountable for their actions through proportional punishment.
- Advocates argue that certain crimes warrant the ultimate penalty as a means of achieving justice and closure for victims and their families.
Arguments Against Capital Punishment (Ethical Concerns)
- Opponents argue that capital punishment is inherently cruel, inhumane, and violates fundamental human rights, particularly the right to life.
- Critics contend that there is insufficient evidence to support the claim that the death penalty effectively deters crime.
- One of the most significant ethical concerns surrounding capital punishment is its In cases of wrongful convictions or miscarriages of justice, the execution of an innocent person cannot be undone, resulting in a grave miscarriage of justice.
- Opponents argue that the focus should be on rehabilitation and reintegration rather than punitive measures like capital punishment.
|Capital Punishment in India
· The Supreme Court of India has upheld the constitutional validity of death penalty in several landmark cases, including Jagmohan Singh vs State of Uttar Pradesh (1973), Rajendra Prasad vs State of Uttar Pradesh (1979), and Bachan Singh vs State of Punjab (1980).
· The Doctrine of Rarest of Rare was established in the Bachan Singh case as a criterion for determining the eligibility for capital punishment in India.
· The Law Commission of India, in its 262nd Report (August 2015), recommended limiting the scope of death penalty to terrorism-related offenses and waging war, reflecting ongoing debates and considerations surrounding capital punishment in India.