An Different Concept of Death Penalty and Life Imprisonment

Authors

  • Dr. Rajesh M. Dave

Abstract

The debate over capital punishment vs. life sentence in India is both complex and contentious. Both are two distinct forms of punishment in India each with specific legal implications, moral considerations, and societal impacts. Advocates for the death penalty argue it serves as a deterrent to heinous crimes, while opponents raise significant concerns about its moral implications and potential for wrongful convictions. Supporters claim that it delivers justice for victims and their families, particularly in cases involving terrorism or brutal murder. However, critics point out that the risk of executing an innocent person, the lack of conclusive evidence for its deterrent effect, and ethical concerns about state-sanctioned killing cannot be ignored.

In India, the death penalty is legal but its application is limited to the ‘rarest of rare’ cases. As of 2023, Death penalty statistics in India can be determined as that it executed a limited number of individuals, with the most notable cases involving terrorism and brutal murder. The Supreme Court of India has handled numerous death penalty appeals, leading to the commutation of sentences in many instances. Human rights advocates vehemently oppose the death penalty, arguing that it violates the right to life as enshrined in the Indian Constitution. The discourse surrounding human rights and the death penalty has intensified, especially in light of India’s obligations under international treaties.

Moreover, there are concerns about racial bias in the death penalty application in India. Studies suggest that marginalized communities may face a disproportionate risk of receiving death sentences, raising questions about the impartiality of the legal system. Such biases further complicate the already fraught discourse on capital punishment. Some believe that life imprisonment is a better punishment than capital punishment because it is less cruel and doesn't cheapen the value of human life. This topic, the Death Penalty vs Life Imprisonment, evokes strong emotions and diverse opinions. In this article, we explore important differences between Capital Punishment and Life Imprisonment.

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References

• Bachan Singh vs. State of Punjab (May 09, 1980)

• Machhi Singh vs. State of Punjab (July 20, 1983)

• Raja Ram Yadav vs. State of Bihar (April 11, 1996)

• Sheikh Abdul Hamid & Anr. v. State of M.P. (February 04, 1998)

• Gurnam Singh vs. State of Punjab (July 28, 1998)

• Mohammed Ajmal Mohammad Amir Kasab vs. State of Maharashtra (August 29, 2012)

• Mukesh & Anr. vs. State for NCT of Delhi & Ors. (May 05, 2017)- Nirbhaya Case

Additional Files

Published

10-08-2024

How to Cite

Dr. Rajesh M. Dave. (2024). An Different Concept of Death Penalty and Life Imprisonment. Vidhyayana - An International Multidisciplinary Peer-Reviewed E-Journal - ISSN 2454-8596, 10(1). Retrieved from http://j.vidhyayanaejournal.org/index.php/journal/article/view/2024