CAPITAL PUNISHMENT IN INDIA: AN OVERVIEW

 Capital Punishment

Capital punishment, commonly known as the death penalty, is the execution of a person who has been sentenced to death by a court of law. Extrajudicial executions carried out without due process of law should be separated from capital punishment. Because of the potential of commutation to life imprisonment, the terms death sentence and capital punishment are sometimes used interchangeably. However, imposition of the penalty does not always result in execution (even when it is sustained on appeal).

Capital Punishment in India

In India, capital punishment is a legal death penalty. For major crimes, India imposes the death penalty. In India, the most wicked and grievous offences are punishable by death. Article 21 of the Indian constitution states that “life and personal liberty are protected.” “No person shall be deprived of his life or personal liberty unless in accordance with legal procedure,” says the article. According to this article, every Indian citizen is guaranteed the right to life. In India, the Indian Penal Code (IPC) punishes criminal conspiracy, murder, waging war against the government, abetment of mutiny, dacoity with murder, and anti-terrorism with the death penalty. The Indian Constitution allows the President to commute the death penalty. Since 1995, India has carried out twenty-two capital punishments. In India, there have been fifty-two capital punishments since independence. The Supreme Court in “Mithu versus State of Punjab” knocked down IPC Section 303, which mandated the death penalty for offenders. India voted against a UN General Assembly resolution calling for the death penalty to be abolished. In November 2012, India maintained its stance on capital punishment by voting against a draught resolution proposed by the United Nations General Assembly to abolish the death penalty.

Method of Execution in India

In India, the death penalty is carried out through hanging or gunshot.

Hanging

In India, all capital punishment is carried out through hanging. Godse was the first person to be executed by capital punishment in India after independence, in Mahatma Gandhi’s case. The Supreme Court of India has suggested that capital punishment should be reserved for the rarest of circumstances in India.

Shooting

In India, the Army Act and the Air Force Act both provide for the execution of capital punishment. Section 34 of the Air Force Act of 1950 empowers the court martial to impose the death penalty for any of the criminal acts listed in sections 34(a) to (o) of the Air Force Act of 1950.

To carry out capital punishment in India, the government primarily used the hanging method.

Capital Punishment should be abolished

Capital punishment has been used in India from ancient times. Many countries have abolished the death penalty. When we look at our national crime statistics, we can see that the death penalty has not proven to be a deterrent for committing crimes; instead, crime rates are rising. In India, we need to modify our laws, particularly when it comes to the death sentence. Our laws should be changed, and the punishment should be severe enough to serve as a deterrent to those who might commit similar crimes. There is a penalty that is more severe than the death penalty. Make the criminal participate in a continual conversation about capital punishment. Punishment and the rigours of jail life are far worse than the death penalty. The criminal should be aware of his crime at all times of the day and night. The capital punishment is not very effective way to reduce crimes in India so it should be abolished.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at secondinnings.hr@gmail.com

In the year 2021, we wrote about 1000 Inspirational Women In India, in the year 2022, we would be featuring 5000 Start Up Stories.

.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Create a website or blog at WordPress.com

Up ↑

%d bloggers like this: