Capital Punishment: History & Rationale

Death Penalty in rarest of rare cases, should adorn criminal justice system in India,which would operate as a detterent mechanism. Abrogation of capital punishment and its obliteration from the law, would be a great folly. In the human rights perspective, concretising the human rights of the criminal(perpetrator of a particular offense attracting Capital punishment ) by negating Human Rights of the victim is again a murder of justice. -HENRIETTA NEWTON MARTIN We should forgive our enemies, but not before they are hanged. Criminals do not die by the hands of the law. They die by the hands of other men. The death penalty is not about whether people deserve to die for the crimes they commit. Article 21 of the Indian Constitution ensures the Fundamental Right to life and liberty for all persons. It adds no person shall be deprived of his life or personal liberty except according to procedure established by law. This has been legally construed to mean if there is a procedure, which is fair and valid, then the state by framing a law can deprive a person of his life. While the central government has consistently maintained it would keep the death penalty in the statute books to act as a deterrent, and for those who are a threat to society, the Supreme Court too has upheld the constitutional validity of capital punishment in rarest of rare cases.