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Capital Punishment and human rights perspective
The issue of the death sentence or execution is hotly debated in not only our country but also worldwide. This particular issue attracted the overall public, the govt and also the non-governmental organizations of our country.
A human being is entitled to some basic rights which include his/her right to life. The death of a human being is something that is for sure a certain event and is of irreversible nature. No one other than nature or God can take a life of a person. Any such act is equal to murder. Death Sentence is named the justice of revenge by the statesman. Death penalty means punishment by execution provided to an individual
Along with the countries like the U.S, South Korea, Japan, and China, India is also included where the death sentence is awarded. The country which tops the execution of death sentence in China. In some Arab countries, beheading is done in public and a method of stoning in public also prevails.
• Legislation
Section 53 of the Indian Penal Code, 1860 provides for the death sentence and imprisonment of life as alternative punishments.
The Supreme Court has declared that section 303 is unconstitutional because it violates articles 14 and 21 of the Indian Constitution in the case of Mithu V. State of Punjab. Though the people of India as well as the non-governmental organizations are fighting against the inhuman, and cruel punishment and protection of Human rights, still capital punishment remains in force in the country. The principle of “rare of the rarest cases” is evolved by the judiciary, which indicates that the death sentence is to be imposed only on the persons who have committed the offense which is of grave nature.
• Constitutional Law
Article 21 of the Indian Constitution guarantees the right to life and personal liberty to all the people which also includes the right to live with human dignity. No person shall be deprived of his or her right except according to the procedure established by law. This clearly indicates that the state may take away even the right to live in the name of Law and Public Order following the procedure established by law.
• Judicial Approach
In the case of Jagmohan Singh V. State of U.P., it was argued that Death Sentence for murder violates Articles 21 and 14 of the Indian Constitution. It was contented by the counsel of appellant that when there are discretionary power conferred on the judiciary to impose Death Sentence or life imprisonment, imposing death sentence is violative of Article 14 of the Constitution if in two similar cases one gets death sentence and the other gets the life imprisonment as the punishment.
Death as a penalty has plagued the human mind perennially. If execution is imposed, it's necessary to satisfy the conditions for the protection of human rights in Criminal Justice Administration in India. Delay in execution isn't something that is infrequent in our country and thus it violates Article 21 of the Indian Constitution because it is an infringement of the basic human rights of an individual and also the Universal Declaration of Human rights. Any punishment to a criminal offense must be fair, just, adequate, reasonable, and proportionate to the crime and punishment shouldn't, in any case, be excessive to the character of the crime.
