GS2 · 10 marks · 150 words

Human dignity, stemming from right to life, does not end with death penalty. In this context, throw light on various controversies surrounding capital punishment in the country.

Answered by 5 toppers · CSE 2022–2024

Syllabus: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

How toppers approached it

From 3 of the 5 answers · about 200 words.

Opening

  • A definition1 of 3
  • A constitutional or legal provision1 of 3
  • No separate opening1 of 3

Body

  • Points3 of 3

Close

  • A way forward3 of 3

The toppers’ answers

Aayushi BansalAIR 7 · CSE 2024 · 184 wordsTheir whole copy

Opening · a definition

Capital punishment is a legal way of taking life of a criminal. It has been debated whether it infringes right to life (Article 21).

Capital punishment → not against right to life & dignity

Body · points

  1. Retribution & proportional punishment for heinous crimes in 'rarest of rare' cases (Bachan Singh case)
  2. Act as a strong deterrence against crimes like raping minor.
  3. Justice to victim who suffered heavy losses (Eg. Nirbhaya case)
  4. Restores faith in criminal justice system of society.

Capital punishment - against right to life & dignity

  1. Against law of modern societies based on restitution & rehabilitation.
  2. Understanding aggravating & mitigating factors behind crime → societal failure (eg → childhood trauma may turn into criminal)
  3. No conclusive evidence to prove its a strong deterrence.
  4. UNGA recommends taking it away.

Way forward

  1. Ensure fair trial, analysis of all mitigating circumstances for holistic case (SC)
  2. Case to case basis followed on 'rarest of rare' doctrine.
  3. Timely disposal of mercy petitions (Article 72, 161)

Close · a way forward

Capital punishment, must be awarded only after in depth analyses of all sides.

More on Fundamental Rights

Part III rights, their scope, reasonable restrictions and enforcement.

All GS2 questions on Fundamental Rights