Relevancy Of Capital Punishment In Present Scenario: A Socio-Legal Study

Dr Shriram Patel, Associate Professor of Law, SVIL

ABSTRACT

It is a well-settled rule in human society from the very beginning till today even from the Vedic period to modern society, that every person irrespective of his caste creed, sex, age, religion, or colour, is a creature of nature and God so that everyone has right to live with full age and pleasure. No one can take the life of any other, similarly, no one has any right to disturb the peace of anyone. If anyone will destroy this liberty, he, or she will be subjected to be punished.

The death punishment has been subjected to debate in society, whether it is proper and reasonable to meet the goals of punishment. The death punishment is subjected to both senses, one side it was considered the need of society in order to prevent the offences, another side it was criticised by many agencies, like Human Rights Commission and Judiciary also, Lastly it has been recommended by Apex court of India by laying down the test of “Rare rest of Rare Case” that capital punishment can be awarded. But after passing many years from the day of adopting the death sentence, the offence of heinous nature are repeated by the culprits therefore it is to be considered whether awarding the death sentence is fruitful for the prevention of offences or beside the death sentence other measures should also be exercised in order to prevent the offences. It is considered that capital punishment is not the sole model to prevent offences. In India after the execution of the death sentence of four accused in the Nirbhaya case, again gang rape with a lady doctor was ravished so only death punishment is not adequate to prevent the brutal offences.

Keywords: Brutal, Capital Punishment, Offences, Rarest of Rare