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Capital Punishment- Abolishment of Death Penalty

Updated: Oct 8, 2020

Death is the punishment has existed since ancient times in society which could be possibly the same purpose have been made to prevent individuals from serious and heinous crime of causing fear of death in his society and to protect the society and for this reason the sentence is given the death penalty for the crime in special circumstances which could not repeat such crimes in society, But in the modern time, the fear of sentence for the death of the death can be so clever so far, which he is scared by making crime?

What is a Death Penalty?

The death penalty (Capital punishment) is a legal process whereby a person is put to death by the state as a punishment for a crime. The judicial decree that someone be punished in this manner is a Capital Punishment, while the actual process of killing the person is an execution. There has been a global trend towards the abolition of Death Penalty; however, India has not adopted this position. What makes this form of punishment different from the others is the obvious element of irreversibility attached to it. A man once executed for a crime can never be brought back to life. So if any error has crept in while deciding on a matter, this error cannot be rectified at a later stage.

The sentence of death is in a way to violate the Indian Constitution, because it is to make human rights and rights of living life, it has been violated the independence of living inherent in Article 21.

Instead of eye and eye tooth, the tooth is an antitrust ideology based on retaliation, whose place is not accepted in today's civil society and progressive society, and according to Indian law system, crime rather than eliminating criminals in society. It is considered appropriate to eliminate. Which means that giving the opportunity to improve the culprit and make atonement.

The provision of the sentence of capital punishment in the ancient times was made in accordance with the circumstances of that time and after understanding it, which should now be abolished and in view of today's circumstances, it is necessary to determine the punishment because all rules and laws are required And timely changes are required and laws do not change over time, they become burdensome instead of doing justice.

●Regarding the death penalty, the spiritual leader of India Mahatma Gandhi thought that - "I believe the death penalty is against non-violence, the right to take life is only to who gives birth(God)."

●On the issue of execution, there was a debate in Parliament in 1983 and Prime Minister Indira Gandhi of that time had also laid down the death penalty, but due to opposition within the party it was not possible.

●Famous advocate and politician Ram Jethmalani also said that the sentence of death penalty is unconstitutional and I am against the sentence of death because one can make a mistake and the judge can also make a mistake and my experience as a criminal is my experience. Many times if there is no good lawyer then the innocent person gets the sentence of hanging in the absence of evidence.

●Human rights also believe that death sentence is a punishment that can not be correct even after acquiring the innocent person, knowing that for all senile crimes, there should be life imprisonment instead of death penalty.

- Legal Humming

Vishal Chaurasiya (CO-AUTHOR)

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