There has been a furore recently on awarding capital punishment to the convicted in India. The demand for abolishing the capital punishment by Human Rights organizations and upholding it by other organizations has raised the curtains for this debate.
Many eminent indian scholars recently have written on abolishing the capital punishment. The reasons being given are, first, awarding capital punishment to the culprits is a grave violation of human rights. People should note that death penalty is handed over in only the rarest of the rare cases by indian judiciary, where the convicted has commited a inhumane and gruesome act which has shaken the nation's conscience. Whether the convict, who has created a sense of shock and a feeling of insecurity in the minds of people deserve the protection of human rights is a question that human and civil rights orgainizations must ask themselves. What about the human rights for the victims?
Second, a claim that awarding capital punishment to the culprit does not act as a deterrent, is well supported by significant crime data from recent past. The primary aim of punishment is to make the culprit as well as the people aware that he/she has committed a mistake which must not have been, and rest all including it "acting as deterrent" come further. Cuplrits must be punished on the gravity of the crime committed by them but not on the effect of the punishment awarded.
Third, the adverse social condition of the culprits forced them to commit such crimes and the society's indifference is being blamed instead. Significant population our country is under poverty and their situation is similar to the culprits, but not all of them take out their frustration by committing heinous crimes. The poor condition of the people cannot be given as an excuse to justify the crimes committed.
Fourth, no matter how wicked the crime committed by the culprits, they must be given a chance to rehabilitate but not the death penalty. With rampant corruption across various organizations in our country, the culprit if given an opportunity for rehabilitaton can misuse and it definately gives a wrong signal to the culprits that they can walk scot free even if they commit a crime of any magnitude.
Though death penalty is extreme punishment, it should not be abolished with immediate effect in our country where the investigation into the crime and judicial proceedings take very long time, several decades in few cases. Abolishing capital punishment takes the tooth out of indian penal code. The government must first take steps to reform police system to carry out the investigation quickly in a transparent and unbiased manner and judiciary to deliver the verdict as soon as possible. And then a decision on abolishing the capital punishment can be taken.