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
- Retribution & proportional punishment for heinous crimes in 'rarest of rare' cases (Bachan Singh case)
- Act as a strong deterrence against crimes like raping minor.
- Justice to victim who suffered heavy losses (Eg. Nirbhaya case)
- Restores faith in criminal justice system of society.
Capital punishment - against right to life & dignity
- Against law of modern societies based on restitution & rehabilitation.
- Understanding aggravating & mitigating factors behind crime → societal failure (eg → childhood trauma may turn into criminal)
- No conclusive evidence to prove its a strong deterrence.
- UNGA recommends taking it away.
Way forward
- Ensure fair trial, analysis of all mitigating circumstances for holistic case (SC)
- Case to case basis followed on 'rarest of rare' doctrine.
- 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.