DEATH PENALTY

In News:

After the brutal rape and murder of a doctor on duty at Kolkata’s R.G. Kar Medical College and Hospital on August 9, there has been a growing demand for the death penalty for the accused.

Against :

  • Lack of Deterrence:
    Research, including the findings of the Justice J.S. Verma Committee, suggests that the death penalty does not necessarily deter crime. Studies have shown that regions without the death penalty do not have higher crime rates than those with it.

  • Possibility of Wrongful Execution:
    The irreversible nature of the death penalty means that any miscarriage of justice, such as the conviction of an innocent person, cannot be undone. The risk of executing an innocent person is a significant ethical concern.

  • Reformative Justice:
    Critics argue that the justice system should focus on reform and rehabilitation rather than retribution. Even those who commit heinous crimes may have the potential for reform, and the death penalty eliminates any chance for redemption.

  • Human Rights Concerns:
    The death penalty is viewed by many as a violation of fundamental human rights, particularly the right to life. Human rights organizations argue that the state should not have the power to take a life, regardless of the crime committed.

  • Disproportionate Application:
    There is evidence that the death penalty is disproportionately applied to marginalized groups, including minorities, the poor, and those with inadequate legal representation. This raises concerns about the fairness and equality of the justice system.

  • Global Trends:
    Many countries have abolished the death penalty, reflecting a global trend toward its elimination. International human rights bodies often advocate for the abolition of capital punishment, viewing it as incompatible with modern standards of human rights.
    Example: France abolished it in 1981, Italy in 1948, and the UK in 1998.

  • Focus on Addressing Root Causes:
    Opponents argue that the focus should be on addressing the root causes of crime, such as poverty, lack of education, and social inequality, rather than on punitive measures like the death penalty. Social reform and education are seen as more effective long-term solutions.

In Favour:

  • Deterrence: Proponents argue that the death penalty acts as a powerful deterrent against heinous crimes such as rape and murder. The fear of capital punishment may prevent potential offenders from committing such crimes.

  • Retributive Justice: The death penalty is seen as a form of retributive justice, where the punishment is proportionate to the crime committed. In cases of extreme brutality, such as rape and murder, capital punishment is viewed as an appropriate response to the gravity of the crime.

  • Closure for Victims’ Families: The death penalty may provide a sense of closure and justice to the families of victims, who may feel that justice has been served only when the perpetrator faces the ultimate punishment.

  • Incapacity to Re-offend: Executing the perpetrator ensures that they can never commit another crime, thereby protecting society from potential future harm.

  • Public Opinion and Sentiment: In some cases, there is overwhelming public support for the death penalty, especially in cases that involve particularly heinous crimes. Governments may feel pressured to reflect this public sentiment in their policies.

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