Analysis Of Death Penalty Granted By Judiciary In India

Ishaan Deepak Joshi, MIT-WPU, Faculty of Law

ABSTRACT

To preserve peace and order, the "Death Penalty" or "Capital Punishment" is the greatest degreeof punishment in any community or democracy. Yet, killing another person in the sake ofjustice is equivalent to murder. We should concentrate on eradicating crime, not criminals. In India, the idea of "Rarest of the Rare" is followed, and the death sentence is often mitigated to life imprisonment. China is the only nation in the world where the death penalty is still widely used, with over 1,000 executions annually. In spite of this, India hanged a total of four offenders between 2002 and 2015. Similarities exist between the method and legislation of capital punishment in both nations; however, the death sentence cannot be overturned in China. Thisis why the United Nations (UN) condemned the death sentence and said, "Life is valuable and death is irreversible." In addition, the United Nations has said that murdering another living person in the pursuit of justice destroys our humanity. We have no authority to determine who lives and who dies. Hence, instead of executing a person by hanging, we should use a new strategy, namely the reformative approach, so that the individual might better himself and thereafter live in peace.