What is the death penalty? The death penalty is a government-sanctioned practice whereby a person is put to death by the nation as a punishment for extremely heinous crimes such as murder, acts of terrorism, rape and so on. Capital punishment or the death penalty has been a subject of controversy for a long time. There are varying and opposing views to it. Most of the developed nations of the world have moved towards abolition of capital punishment. The death penalty has not stopped crimes like terrorism, murder, rapes, which is the prime objective of inflicting such a punishment. What are the arguments for the death penalty? •Punishment is not arbitrary as it comes out of a judicial process, which is almost never flawed. •It is not a common phenomenon and is considered to be the last resort. Only 4 people have been given the death sentence in thirteen years in India. •The hanging of the terrorist Ajmal Kasab is a show of justice to all the people who were killed in the Mumbai terror attack. Thus, the system grants justice to victims. •It is constitutionally valid in liberal democracies like the USA and does not reflect an uncivilized society, but rather a just society. •For a nation like India, which had troubled borders, executing insurgents and terrorists can be the only way to ensure that future attacks don’t take place. •If one considers the ideological respect, the sacredness of life can be protected only if those who take it away are proportionately punished. •It is also less expensive than carrying out a life sentence. Arguments against the death penalty •The foremost problem with giving death sentences is the fact that judicial judgments can still be wrong, and the wrong person may end up being punished. Unlike imprisonment, once a person is killed, he/she cannot be brought back or given adequate compensation for the mistake. •The death penalty has been criticized for targeting the poor and marginalized sections of society, while those who have strong financial backing manage to getaway. •Death sentences are given at the discretion of the Judges, which is extremely arbitrary. •If a state institution imitates the crime while punishing the accused, it cannot be called a good democracy. •Giving death sentences means virtually going back to an archaic and authoritative system of governance that used to be prevalent in the middle ages. •While many countries have not abolished the death penalty, there has been a push towards fewer executions in them. •The death penalty breaches two essential human rights- the right to live and the right to live free from torture. Both rights are protected under the Universal Declaration of Human Rights, adopted by the UN in 1948. How are death sentences carried out? There are several ways to perform an execution. These include: •Administering lethal injection. •Electrocution. •Lethal gas •Death by hanging. •Firing squad. While the first four methods are generally employed for civilians, the last is used in the military and in cases of war. Death penalty in India Capital punishment is a legal penalty in India. According to Amnesty International, around 100 people in 2007, 40 in 2006, 77 in 2005, 23 in 2002, and 33 in 2001 were sentenced to death, but not executed. A total of 26 executions have taken place in India since 1991. The Supreme Court of India had struck down Section 303 of the Indian Penal Code (IPC), which provided for a mandatory death sentence for offenders who were serving a life sentence. India had voted against a United Nations General Assembly resolution calling for a moratorium on capital punishment in 2007 and followed suit again in 2012 by voting against the UN General Assembly draft resolution seeking to end the institution of capital punishment worldwide. Article 72(1) of the Indian Constitution of India states that the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offense: •In all cases where the punishment or sentence is by a Court Martial •In all cases where the punishment or sentence is for an offence against any law relating to a matter to which the executive power of the Union extends •In all cases where the sentence is a sentence of death.

Source: https://www.news24.com/World/News/malaysia-to-abolish-death-penalty-20181011

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