Context
The Supreme Court asked Attorney General K.K. Venugopal for assistance to institutionalise a mechanism by which information crucial to decide whether a person should be condemned to death or not can be gathered and placed on record before trial judges.
This brief aims to look at the history of capital punishments in India and what are the crimes that call for death penalty in the country.
Analysis
What is death penalty in India?
Rarest of rare cases Rarest of rare cases can be described as those when the murder is committed in an extremely brutal, ridiculous, diabolical, revolting, or reprehensible manner so as to awaken intense and extreme indignation of the community. When total depravity and cruelty are the motives behind a murder. |
Which crimes are punishable by death?
Following the 2012 gang rape and murder, the Supreme Court amended the law in April 2013 to make it more stringent by adding new categories of offences regarding violence against women and minor girls.
Mercy petition process
|
Arguments in favour and against death penalty
In Favour
Against
What are the issues in the current system?
A Supreme Court Bench led by Justice U.U. Lalit made the following observations:
This 'one-size-fits-all' approach while considering mitigating factors during sentencing should end. A more enlightened approach has to be evolved. The apex court's introspection may be a sign of the judiciary veering away from the death penalty.
Capital Punishment and international standards
Practice Questions Q1. Capital punishment is retributive justice and its effectiveness in curbing crime is contested. In light of this statement, critically examine the need for continuance of capital punishment in India. Q2. Over the decades, Supreme Court has expanded the scope of Right to Life and liberty. Explain with the help of various judgements. |
Verifying, please be patient.