Why in the News?

A Kolkata court sentenced Sanjay Roy to life imprisonment for the rape and murder of a 31-year-old doctor in August 2024, despite widespread public demand for the death penalty.

What are the key arguments around the Death Penalty (For/Against)?

The arguments in favour of the death Penalty:

• Retribution and Justice: Supporters argue that the death penalty serves as a just punishment for the “rarest of rare” cases, especially for heinous crimes like rape and murder. The desire for justice for victims and their families, including a sense of closure, is often emphasized.
• Deterrence: Some proponents believe that the death penalty deters heinous crimes, particularly acts of violence like murder and rape, by instilling fear of the ultimate punishment.
• Public Sentiment: In the case of particularly gruesome crimes, public outcry demands strong actions like the death penalty, seeing it as a symbol of societal moral condemnation.

The arguments against the death penalty:

• Moral and Existential Arguments: The death penalty is viewed as an act of violence, and critics argue that one form of violence cannot be justified as a solution for other forms of violence. It is considered inhumane and degrading by organizations like Amnesty International.
• Ineffectiveness as a Deterrent: Studies from countries that have abolished the death penalty (e.g., Denmark, Norway, the Netherlands) show no significant rise in crime rates, indicating that the death penalty does not effectively deter crime more than life imprisonment or other punishments.
• Disproportionate Application: The death penalty is disproportionately applied to the poor, marginalized, and downtrodden, as opposed to affluent or powerful individuals, raising concerns about systemic injustice.
• Diverts Focus from Structural Issues: Instead of focusing on capital punishment, critics argue the real issue lies in the cultural normalization of violence and toxic masculinity, which drives crimes like rape and murder. Emphasis should be on education, socialization, and cultural transformation.

What are the key reforms and guidelines established after the Bachan Singh v. State of Punjab Case?

• Rarest of Rare Doctrine: The Supreme Court, in Bachan Singh v. State of Punjab, ruled that the death penalty should only be imposed in the “rarest of rare” cases. This ruling set a framework for judicial discretion in sentencing, ensuring that the death penalty is applied only in cases where the crime is so grave that life imprisonment would not suffice.
• Guidelines for Sentencing: The court sets guidelines to determine whether a crime warrants the death penalty, including the nature of the crime, the circumstances, and whether the accused is beyond reform or rehabilitation. It emphasized considering the “mitigating factors,” such as the background of the accused.
• Judicial Review: The ruling clarified that the death sentence must be subject to judicial review and that higher courts must ensure that the death penalty is only handed out after thorough deliberation on all aspects of the case.
• Focus on Rehabilitation: The case pointed towards the importance of rehabilitation, requiring courts to assess the potential for the accused to reform before considering a death sentence.

Way forward: 

• Strengthening Judicial Scrutiny and Transparency: To ensure the death penalty is applied fairly and consistently, there should be enhanced judicial oversight which includes a thorough review of sentencing decisions at multiple levels.
  • This could involve greater emphasis on mitigating factors and the potential for rehabilitation, ensuring that capital punishment is reserved for the “rarest of rare” cases.
• Focus on Preventive Measures and Social Reform: Rather than relying solely on the death penalty, efforts should be redirected toward addressing the root causes of heinous crimes.
  • This includes tackling societal issues such as gender inequality, toxic masculinity, and cultural normalization of violence, while investing in education, social reform, and stronger support systems for survivors of violence.

Mains PYQ:

Q Instances of President’s delay in commuting death sentences has come under public debate as denial of justice. Should there be a time specified for the President to accept/rejectsuch petitions? Analyse. (UPSC IAS/2014)

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