Death penalty should be abolished in 21 century

Death penalty should be abolished in 21 century

Author:- soumili pramanik, a Student of Amex law college, The university of Burdwan

Introduction :-

The death penalty is an age-old punishment where a person is punished by execution for his crime. Death penalty law existed since the ancient Babylonian period, and the mention of this practice has been recorded in many books and inscription. Death penalty is not appropriate way to punish any criminal because no one should have right to take another human's life, be it good or fir the bad. Therefore, the state or the government should not possess that right. Therefore it should be abolished. It is unfair, unjust and immoral punishment ; risk of being killed an innocent is not ruled out. Death penalty is more expensive than life imprisonment. It is cheapens the value of human life ; Racism exists in death penalty. Death penalty is a highly controversial and emotional subject. This it should be abolished. 

Death penalty countries:-

The countries with the death penalty are 56 countries. Like- Afghanistan, Bangladesh, Belize, Cuba, Egypt, India, Iran, Japan, Libya, Malaysia, Nigeria, North Korea, Pakistan, Palestine, China, South Sudan, Syria, Thailand, The Bahamas, United States of America etc. These countries have varying legal systems and cultural context, and the death penalty is used for a rang of offences, including murder, drug trafficking, and treason. 

Death penalty in India :-

“Death penalty is another name capital punishment. India gives death penalty only for a heinous offence”. 

“ No individual shall be deprived of his life or personal liberty except pursuant to the procedure established by law” says Article 21 of the Indian Constitution. 

As per section 368 of Criminal procedure code, 1973 provides the authority to High Courts for confirmation of death sentence. 

The death penalty is given for most serious offence and heinous offences that fall under the category of rarest cases in India. 

During passing of resolution, calling for a prohibition on the death penalty by UN General Assembly, India cast a vote in the favour it. 

Why it is time to Abolish the Death penalty?

• The death penalty violates the right to life:-

The Universal Declaration of Human Rights (UDHR) recognises each person's right to life. Article 4 of the African charter on Human people’s  Rights (ACHPR) states that “human being are inviolable. Every human being shall be entitled to respect for his life and physical and moral integrity of his person” this view is reinforced by the existence of international and regional treaties providing for the abolition of the death penalty. 

• The death penalty cannot provide social not being peace to the victims :-     An execution cannot give the victim his or her life back not ease the suffering felt by their family. Far from reducing the pain, the length of the trial and the Apple procedure often prolong the family’s suffering. 

• The death penalty is premeditated murder, demeans the state makes society more violent :-

By executing a person, the state commits a murder and shows the same readiness to use physical violence against it’s victim as the criminal  . Moreover, studies have shown that the murder rate increases immediately after execution. Research have suggested that this increase is similar to that caused by other violent public events, such as massacre and assassinations. 

Why is it not the Time to Abolish the Death penalty? 

Its constitutionality has not only been upheld in India but also in liberal democracies like that of the U. S Therefore, the retention of the death penalty is not a reflection of “uncivilized” polity in theocratic states [a political unit governed by a deity or by officials thought to be divinely guided] that have come to be defined by violence but also by creation of the individual geopolitical circumstances of each state. 

The exception to abolition in cases of terror will also not work. Unlike Scandinavian, India's neighbourhood is not peaceful, and, it does not form the group of nations that facilitated common growth, unlike the European Union. On the contrary, every day, vested interests attempt to destabilize the very idea of our nation from across every border it shares, which makes it difficult to abolish this deterrent named death penalty. 

It determines that there are certain acts which the society so essentially detest that they justify the taking of the most crucial of rights -the right to life. For, the state acknowledged that the sacredness of life can only be seen to protected of those who take it Ajmal kasab and Yakub Memon strongly  affirms India's commitment to the protection of life. 

Conclusion:-

From the above discussion it is very clear that death penalty cannot prevent crime rather it is in human. It is clearly a violation of right to life of a person even if  he is a criminal. Moreover, it cannot deter a criminal from doing crime since the punishment is inflicted upon the criminal Corporeally but it is not inflicted upon the crime itself. Hence the crimes carry on, it cannot held back through Death penalty. Therefore, it is submitted that according a law to allow death penalty does not prevent offences under that law from occurring.