DEATH PENALTY

Capital punishment ,death penalty or execution is imposition of death upon a person by a

legitimate process as a punishment for an offence.

In our legal framework too , the provision of death penalty is given under Indian penal code which
provides for capital punishment as mode of punishment for offences like murder ,rape , treason etc.
But in case – bacchan singh vs state of Punjab , it had been pronounced by the constitutional bench
of apex court that capital punishment should be given in RAREST OF RARE CASES. But even deciding
rare cases is not easy as the judges have to subjectively create a calculus for providing a balance
sheet of aggravating and alleviating factors.

And even giving death punishment in rare cases is too a very inhuman and degrading execution for a
convict as it is like murdering a person legally . Most organization like amnesty international too
wholly oppose this punishment as violation of human rights in particular the right to life and right to
be free from any cruel and unjust punishment .Moreover these rights are scheduled under universal
declaration of human rights which are even adopted by united nation too.

In my view if we have a look at our national crime statistics ,death penalty has not proved to be a
deterrent and the reality is that this practice is more of brutal and barbaric in nature. To be very
precise, capital punishment is an intolerable denial of our liberties and truly unjust with our
democratic system. As article 14 of our constitution provides for equality before the law and equal
protection of everbody before the law .

This practice is a major loophole and flawed aspect of our justice system .So many examples are
there which prove that our judicial system is somewhat riddled with errors , corrupt officials, flawed
practices ,yet this system still allowed to execute people. Beside this the death sentence of terrorist
like kasab and Afzal guru would only embrace death as means to martyrdom and this would further
instigate more of violence and apathy.

The death penalty has no place in our modern society as everybody should get a chance for
reformation. No one is a born criminal and life imprisonment would be far worse punishment than
capital .

I strongly feel ,we have to reform our laws especially this capital punishment .laws should be such
that , it not only reform the offenders but should set a living instance for the people around. Every
morning and night ,that person should regret his acts and at the same time this will be deterrent too.
So yes I too wholly oppose and seek Abolishon of death penalty.