CAPITAL PUNISHMENT

Submitted by: Sahiba Verma

Batch: 2021-2026

Course Teacher:

Puja raj

Alliance School of Law

Alliance University , Bangalore

 ABSTRACT

“Capital Punishment” or “Death Penalty” has been a topic of discussion among academics
and critics, resulting in varied contributions to the matter from various scientists. It is the
highest level of punishment awarded in any society or democracy to maintain law and order.
However, murdering another person in the name of justice is the same as murdering someone.
Instead than focusing on the offender, we should concentrate on removing the crime. China is
the only country in the world where the death penalty is still used, with over 1000 executions
each year, but in India, the "Rarest of the Rare" philosophy is observed, and death sentences
are frequently reduced to life imprisonment. According to the United Nations, murdering
another human being in the name of justice also destroys our humanity. We have no authority
to decide who lives and who dies. Instead of hanging someone to death, we should use an
alternative strategy, namely the reformative approach, so that he might improve and live
peacefully thereafter. The purpose of this research paper is to critically assess and evaluate
the benefits and drawbacks of the death sentence.

“Life is precious and death is irrevocable”

 TABLE OF CONTENT

1.Introduction...............................................................................................................
1.1Researchquestions...................................................................................
1.2AuthorsReview........................................................................................
1.3 Research Questions and Hypothesis....................................................
1.4 Scope, Objective and Definition............................................................
1.5 Methodology...........................................................................................
5. Conclusion.................................................................................................
6. Reference.................................................................................................................
 1.INTRODUCTION

Punishment is defined in psychology as a consequence that reduces or aims to reduce a

targeted and undesirable behavior in an individual. Punishments are used to shape the
behaviors of both animals and humans, and they have been an effective tool for decreasing
the likelihood of negative behaviors from recurring. Punishment in psychology does not work
to completely change the behavior of a person instantly, but rather modify it slowly to reduce
the likelihood of that behavior occurring as often. Punishment is defined in law as some pain
or penalty warranted by law, inflicted on a person, for the commission of a crime or
misdemeanor, or for the omission of the performance of an act required by law, by the
judgment and command of some lawful court. Capital punishment is the punishment which
involves legal killing of a person who has committed a certain crime prohibited by the law.
Capital punishment is also known as ‘Death Penalty’ which is sanctioned by the government
in which a person is put to death by the state as a punishment for the crime he committed.
The term "abolition of the death penalty" is one of the most often used terms in the United
Nations (UN), where the death penalty is considered a violation of human rights. The
Reformative Theory of Punishment received more attention from the UN than the Deterrent
Theory of Punishment. In Rajendra Prasad v. State of Uttar Pradesh, Justice V.R. Krishna
Iyer stated: “The special reason must relate, not to the crime but to the criminal. The crime
may be shocking and yet the criminal may not deserve the Death Penalty”. The death penalty
is an extremely serious matter since it involves taking someone's life, which is a very delicate
problem. This is why countries such as China, India, the United States, and Arab countries
are being questioned about their use of the death penalty. The convicts of Tihar Jail in India
produce 'Essence Sticks' and 'DhoopBatti,' which is an excellent approach to help them adjust
to society. On the other side, there is no essence of humanity in Deterrent Theory, and
therefore does not allow for progress. In China human trafficking and corruption are both
considered deadly offences, with individuals found guilty of these crimes being executed.
When it comes to cowardice, desertion, and insubordination in the military, the country has
accepted this method of punishment. There will be others who feel that the individual who
committed the crime is deserving of death. On the other side, there will be others who believe
that the culprit of the crime should be given a second opportunity; but, it is not our duty to
decide who lives and who dies. Furthermore, taking a person's life in the name of the law is
not justice.
1.5 Methodology

The paper is entirely based on doctrinal research method and secondary data resources. The
sources used by the aper are the research articles, scholar websites journals.
 Putting someone to death: is it right or wrong? While there are many aspects of this issue,
one fact remains: how would you feel if you lost a loved one to a murderer? The internet and
the Ashford University school library were used as a source for the information I gathered. I
will also apply my own thoughts and reasoning to the issues around this type of punishment.
We will explore the many reasons for and against this volatile issue.

Right or wrong, the only democracies practicing capital punishment legally today are the
U.S., South Korea, and Japan (Robinson, 2008). There are people that would argue that
some death row criminals are innocent, or that they are there because of the color of their
skin, or because of mental illness. What I will be touching on is the reasoning behind why
there is capital punishment and what feelings the practice brings to each of us.

Some people believe that to kill another human being for crimes they have committed
achieves nothing but another death. I am of the belief that there is resolution for victim’s
families that comes with an execution. The issue of paying for the crime is resolved. While
this may sound barbaric, try explaining to a grieving mother that she will never see her child
again, that the person responsible is allowed to live while her child is being buried.
 It is self-evident that capital punishment infringes on fundamental human rights and
freedoms. Racism and sexual discrimination are two issues that exacerbate the problem of
death punishment in many nations, as discriminated minority are killed at a higher rate than
members of dominant social groups. Furthermore, capital penalty is not a universal tool for
eliminating crimes from society and deterring people from committing crimes. When the
accused is given the death sentence, it is more than simply a punishment; we are terminating
or murdering a person in the name of justice and law. Killing someone is unethical and
indicates a lack of regard for human life. And rejecting the death penalty does not imply
sympathy for the criminal. When the death sentence is applied, it eliminates the possibility of
improvement that may have transformed a person's life; this is why democracies all over the
globe advocate reformative theories of punishment and oppose deterrent theories of
punishment.