Abstract:
The death penalty debate is the most socially relevant debate, keeping in mind the
circumstances that have been brought about by the 21st century. Death penalty forms an
integral part of the criminal justice system in the Indian State. With the increasing
strength of the human rights movement, the very existence of death penalty is questioned
as immoral. This however is a surreal argument as keeping one person alive at the cost of
the lives of numerous members or potential victims in the society is unimaginable and in
fact, that is immoral. Death penalty is a debatable international topic and every country
stands with different opinion in this context. It has been banned in various countries
where as, it is regarded as panacea to the persistent threat to the society. United Nations
prohibits death penalty in all of its forms declaring it as barbarous and inhuman. India is
party to UN conventions but it has always voted against the question of global
moratorium on the death penalty.
India restricts itself to apply the provisions of UN resolutions on death penalty. Indian
legislation has several provisions that provide death penalty for some serious type of
offences. During the 1980s the Supreme Court sought to restrict the use of the death
penalty by characterizing it as a punishment reserved only for the “rarest of the rare”
cases. This category is no where defined in the constitution or any other legislative
provision. It‟s all judicial creativity based on facts and circumstances of the case and
subjected to judicial mindset and judicial creativity.
Here, we have examined various case laws and tried to find the reasonability behind the
category of rarest of rare. In a case, for a crime, a person is awarded death sentence and
for the same offence in another case, accused is given life imprisonment, proving the
theory of rarest of rare as vague. It is subjected to arbitrary practices which infuses
corruption in system. Provisions of mercy petition by President and governor proves to be
inconsistent with the criteria of awarding death penalty. India is a land of customs, beliefs
and superstitious traditions. This paper examines and elucidates strong reasons as to why
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the existence of death penalty is important to the peace and tranquility of the society at
large. As against the common belief that an innocent person may be sent to the gallows
by false conviction, this paper goes on to explain the various checks and balances
available, that ensure that no innocent person is condemned while at the same time
ensuring that no person who s guilty of the most heinous crimes is allowed to go scot –
free. The paper ends by advocating the existence of death penalty, as it deters and helps
lower the crime rate.