IS CAPITAL PUNISHMENT(HANG UNTIL DEATH) JUSTIFIED
Capital punishment or death penalty to humans is a topic of debate for a long period of time. Arguments against as well as supporting capital punishment has been made by people all over the world.
ARGUMENTS AGAINST CAPITAL PUNISHMENT :
Many countries including the developed ones from Europe has abolished capital punishment. Let's look into what made them do so
*)Critics argue that no human has the right to take the life a fellow human.
*)The article 5 of UN declaration objects against capital punishment as it's inhumane in nature.
*)They think that life imprisonment is a more severe kind of punishment than taking the life in an instance.
*)As we are taking the life of a human, we are not giving a chance for them to fix themselves.It will not give a chance for the criminal to reform himself.
*)Cessar Beccaria a known Italian criminologist in his treatise has said that even after giving a death penalty to a criminal, the occurrence of similar criminal activities are still continuing. This treatise stands against the main idea of punishment which is to prevent a future misfortune.
*)Lord Macaulay who drafted the Indian penal code has said that if the criminal knows that he is going to get capital punishment, it makes him to do more crimes, such as converting a rape or robbery into a murder.
*) Many human rights activists say that death penalty is immoral and barbaric.
*)Article 21 of the Indian constitution grants security to the 'Life and Liberty ' of an individual. Death penalty acts against this article.
ARGUMENTS IN FAVOUR OF DEATH PENALTY
*)All guilty people needs to be punished in accordance with the severity of the crime.
*)It has been used 1000 of years ago, due to the psychological fear that it inflicts on people.
*)Death penalty will perform some form of deterrence to the crimes from happening in the future
*)The death penalty could lead to some form of remorse in the accused.
*)The people will have more trust towards the judicial system.
*)A Japanese argument which states that bad things happen to bad people and good things happen to good people.
*)Giving death penalties will give some form of closure and vindictive to the victim and to the family of the victim such as seen in the Nirbhaya case.
INDIA'S STAND:
ARGUMENTS AGAINST CAPITAL PUNISHMENT :
*)Critics argue that no human has the right to take the life a fellow human.
*)The article 5 of UN declaration objects against capital punishment as it's inhumane in nature.
*)They think that life imprisonment is a more severe kind of punishment than taking the life in an instance.
*)As we are taking the life of a human, we are not giving a chance for them to fix themselves.It will not give a chance for the criminal to reform himself.
*)Cessar Beccaria a known Italian criminologist in his treatise has said that even after giving a death penalty to a criminal, the occurrence of similar criminal activities are still continuing. This treatise stands against the main idea of punishment which is to prevent a future misfortune.
*)Lord Macaulay who drafted the Indian penal code has said that if the criminal knows that he is going to get capital punishment, it makes him to do more crimes, such as converting a rape or robbery into a murder.
*) Many human rights activists say that death penalty is immoral and barbaric.
*)Article 21 of the Indian constitution grants security to the 'Life and Liberty ' of an individual. Death penalty acts against this article.
ARGUMENTS IN FAVOUR OF DEATH PENALTY
*)All guilty people needs to be punished in accordance with the severity of the crime.
*)It has been used 1000 of years ago, due to the psychological fear that it inflicts on people.
*)Death penalty will perform some form of deterrence to the crimes from happening in the future
*)The death penalty could lead to some form of remorse in the accused.
*)The people will have more trust towards the judicial system.
*)A Japanese argument which states that bad things happen to bad people and good things happen to good people.
*)Giving death penalties will give some form of closure and vindictive to the victim and to the family of the victim such as seen in the Nirbhaya case.
INDIA'S STAND:
As far as concerned India opts a safe stand by giving capital punishment only in special circumstances ie. in the rarest of rare cases. This include rape, murder, repeated offender, terrorism, waging war against the nation etc.Further India allows the accused to give petitions against death penalties such as the review petition and curative petition. Article 72 of the Indian constitution also allows the president of the country to consider the mercy plea of the accused. India leaves the matter of capital punishment in the hands of judiciary.This approach is widely recognized in the world.
Nice info.🤝👍
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