Syllabus
GS Paper 2 – Structure, organisation and functioning of the Executive and the Judiciary
Applications where to apply?
When asked about
– Prison Reforms
– Criminal Justice System
– Ethical perspective of Death penalty
Context
India’s death penalty system faces scrutiny due to systemic failures in sentencing and the treatment of death row prisoners. This article underscore the need for a holistic approach to address the shortcomings in India’s criminal justice system.
Source
The Hindu | Editorial dated 2nd March 2024
India’s burgeoning death penalty crisis
The death penalty remains a contentious issue in India, with concerns regarding its application and fairness continuing to provoke debate. The Supreme Court’s recent initiatives to reform death penalty sentencing and the rising number of acquittals highlight systemic challenges within India’s criminal justice system. Despite efforts to address sentencing disparities, the persistently high rate of acquittals and the growing death row population underscore the urgency for comprehensive reform.
Rising Death Row Population and Acquittals
- India’s death row population reached a record high of 561 prisoners by the end of 2023.
- The Supreme Court acquitted nearly 55% of death row prisoners in cases it heard in 2023, marking an unprecedented trend.
| Supreme Court’s verdicts on death penalty Bachan Singh vs State of Punjab (1980): This verdict established the doctrine of “rarest of rare” crime in handing down capital punishment while mandating a comparative analysis of aggravating and mitigating circumstances in connection to the accused. The judgment laid down that a court must scrutinise both the crime as well as the criminal, and then decide whether death penalty is the only suitable punishment in the facts of the case. Emphasis is to be also laid on the aggravating and mitigating factors which are dependent upon the facts and circumstances of the case. Machi Singh vs State of Punjab (1983): In this case, the Supreme Court elucidated the doctrine of “rarest of rare” and set down some guiding principles in the death sentences cases. The aggravating circumstances included the manner in which the crime was committed, motive for committing the crime, severity of the crime, and the victim of the crime. The mitigating circumstances consisted of the possibility of reformation and rehabilitation of an accused, his mental health and his antecedents Constitutional Bench On September 19th, 2022, a 3-judge bench of the Supreme Court referred certain issues of death penalty sentencing to a larger constitutional bench. One of these issues relates to the amount of time required to collect and present mitigation evidence at the stage of sentencing. |
Arguments in Favor of the Execution of Death Penalty
- Deterrent Effect: Capital punishment serves as a deterrent to potential offenders by instilling fear of severe consequences.
- Retribution: Death penalty offers closure and retribution to the victim’s family and friends, addressing the moral aspect of justice.
- Cost-effectiveness: Executing criminals is considered more cost-effective than long-term incarceration, saving resources spent on prison maintenance.
- Justice: The death penalty is viewed as a just punishment for egregious crimes like murder, terrorism, and treason, reflecting societal values of accountability.
- Prevention of Recidivism: Execution ensures that convicted criminals will never have the chance to commit further crimes, enhancing public safety.
- Respect for Law: By enforcing capital punishment, the legal system demonstrates the consequences of serious crimes and upholds the rule of law.
Arguments Against the Execution of Death Penalty
- Risk of Executing Innocent People: The irreversible nature of capital punishment poses a significant risk of executing innocent individuals due to flaws in the justice system.
- Lack of Deterrence: Contrary to popular belief, there is limited evidence that the death penalty effectively deters crime.
- Discriminatory Applications: The death penalty is disproportionately applied to marginalized groups, raising concerns about fairness and equal treatment under the law.
- Human Rights Violations: Capital punishment violates the right to life and is considered cruel, inhuman, and degrading, according to international human rights standards.
- Denial of Rehabilitation: Some offenders have the potential for rehabilitation and redemption, which is denied by the death penalty, depriving them of a second chance.
- Lack of Closure: Contrary to popular belief, the death penalty may not provide closure to victims’ families and can prolong their grief by keeping the case in the public eye.
- Undermines Moral Authority: State-sanctioned killings undermine the moral authority of the state and contribute to a culture of violence.
- Effective Alternatives: Alternatives to the death penalty, such as life imprisonment without parole, are considered more humane, cost-effective, and less prone to error.
Plight of Death Row Prisoners
- Death row prisoners endure constant distress and fear of execution, subjected to violence and dehumanization within prisons.
- Prison policies segregate them from essential activities such as work, education, and leisure, exacerbating their psychological distress.
- The death row experience leaves lasting psychological ramifications, even after acquittal or commutation.
Urgent Need for Reforms
- Systemic Failures and Acquittals: Acquittals by the Supreme Court underscore systemic failures by the police, prosecution, and trial courts, including fabricated evidence and tampered forensic reports.
- While the Court acknowledges systemic concerns in death penalty sentencing, its response to acquittals remains limited to case-specific reprimands.
- The Supreme Court’s initiative to convene a Constitution Bench may not effectively address the death penalty crisis, as sentencing reforms fail to percolate down to trial courts.
- Project 39A’s 2023 report highlights the dissonance between the narrow scope of sentencing reforms prioritized by the Court and the broader systemic crisis within the criminal justice system.
Conclusion
The escalating death row population, high rate of acquittals, and systemic failures within the criminal justice system underscore the urgent need for comprehensive reforms by the Supreme Court. Efforts to reform death penalty sentencing must address systemic flaws across all stages of the criminal process, from police investigation to prison policies, to ensure justice and fairness in capital punishment cases.
Related Topics
India’s Criminal Justice System
India’s criminal justice system is a complex structure with the primary objective of upholding the rule of law and ensuring justice for all.
Main Pillars:
- Police (Investigation): Responsible for investigating crimes, collecting evidence, and apprehending suspects.
- Judiciary (Adjudication): Comprises courts that determine guilt or innocence and pronounce sentences.
- Prisons (Corrections): Manages prisons and jails where convicted criminals serve their sentences.
Legal Framework:
- Constitution of India: Provides the foundation for the criminal justice system, guaranteeing fundamental rights like the right to a fair trial.
- Indian Penal Code (IPC): Defines various crimes and prescribes corresponding punishments.
- Code of Criminal Procedure (CrPC): Establishes the procedures followed by law enforcement and courts during criminal proceedings.
- Indian Evidence Act: Governs the admissibility and presentation of evidence in court.
Stages of the Criminal Justice Process:
- Crime Reporting & Investigation: When a crime is reported an FIR is filed .The FIR is a written document lodged with the police, detailing the information about the alleged crime, the police then investigates to gather evidence and identify suspects.
- Arrest & Detention: If sufficient evidence exists, the police may arrest the suspect. However, there are legal provisions to prevent arbitrary arrests under Article 22 of the constitution.
- Charge Sheet & Bail: Based on the investigation, the police may file a charge sheet with the court. The accused might be granted bail depending on the severity of the crime.
- Trial: The court hears arguments from both the prosecution (representing the state) and the defense (representing the accused). Based on the presented evidence, the court delivers a verdict.
- Sentencing & Appeals: If convicted, the court pronounces the sentence based on the IPC and other relevant laws. The accused has the right to appeal the verdict in a higher court.
References
Practice Question
Critically analyze the challenges and systemic failures within India’s death penalty system. [250 words]
How to approach this question?
Introduction:
- Start by briefly explaining what the death penalty is and its purpose in the Indian judicial system.
- Mention the current state of the death penalty in India, including the number of prisoners on death row.
- Highlight the Supreme Court’s efforts to reform death penalty sentencing.
Body:
- Discuss the high rate of acquittals in death penalty cases and what it indicates about the criminal justice system.
- Analyze the systemic failures in the police, prosecution, and trial courts that lead to these acquittals. Discuss specific issues such as fabricated evidence, manipulated first information reports, the possibility of tampered forensic evidence, and dubious recoveries of incriminating evidence by the police.
- Discuss the failure of death penalty sentencing reform to percolate to trial courts. Use data from Project 39A’s 2023 annual statistics on the death penalty to support your points.
- Discuss the reluctance of High Courts in confirming death sentences.
- Discuss the Supreme Court’s attempts to reform sentencing through its directions in Manoj vs The State Of Madhya Pradesh (May 2022) and how these have failed to trickle down to trial courts.
Conclusion:
- Summarize the main points discussed in the body of the essay.
- Discuss the implications of these systemic failures for justice and human rights.
- Suggest potential solutions or reforms that could address these challenges.
- Conclude by discussing the future of the death penalty in India in light of these challenges.
Remember to provide a balanced answer, incorporating relevant facts and figures, and propose feasible solutions. Structure your answer well, with a clear introduction, body, and conclusion. Also, ensure that your answer is within the word limit specified for the exam. Good luck!