Capital Punishment for CLAT - Practice Questions & MCQ

Introduction to Capital Punishment:

• Capital punishment, also known as the death penalty, is a practice where the state legally executes a person as a punishment for serious crimes. The concept of capital punishment has raised extensive discussions regarding ethics, justice, human rights, and the role of the state in determining life and death.

Legal Status of Capital Punishment in India:

• In India, capital punishment is not mandated for specific crimes, but it is available as a sentencing option for certain severe offenses like murder, terrorism, and rarest of rare cases. 
• The landmark case of Bachan Singh v. State of Punjab (1980) introduced the "rarest of rare" doctrine, which stipulates that the death penalty should be applied only in exceptionally gruesome and shocking cases that deeply affect the collective conscience of society.

Perspectives on Capital Punishment:

• Arguments in Favor:Deterrence: Proponents argue that the fear of death acts as a deterrent and prevents potential criminals from committing heinous crimes.
• Retribution: Supporters believe that capital punishment serves as a form of retribution, providing a sense of justice to the victims and their families.
• Public Safety: Some assert that executing dangerous criminals protects society from the threat they pose.

Arguments Against:

• Human Rights: Opponents emphasize that the death penalty infringes on the fundamental right to life, which is universally recognized.
• Fallibility of Justice System: Concerns about wrongful convictions and errors in the judicial process raise doubts about the irreversible nature of the punishment.
• Ethical Concerns: Critics view the death penalty as a cruel and inhumane practice, questioning whether it aligns with the values of a just and compassionate society.

Indian Case Law: Bachan Singh v. State of Punjab (1980):   

• Issue: 
  The case centered on the constitutionality of the death penalty and the principles for its application.
• Background: 
  Bachan Singh was convicted of murder and sentenced to death. His case raised questions about the validity of capital punishment and the criteria for imposing it.
• Relevance: 
  The case provided a platform for the Supreme Court of India to address the constitutional validity of the death penalty under Article 21 (Right to Life) and Article 14 (Right to Equality) of the Indian Constitution.
• Supreme Court's Decision: 
  The Court acknowledged that both the right to life and the death penalty coexist under the Constitution. It introduced the "rarest of rare" doctrine, stating that the death penalty should be imposed only in the rarest of rare cases where the crime's brutality and societal impact shock the collective conscience of society.
• Key Rationale: 
  The Court reasoned that the death penalty should be applied with the utmost caution and only when there are no alternative sentencing options appropriate for the crime.
• Impact:
  The introduction of the "rarest of rare" doctrine guided the subsequent application of the death penalty in India. This doctrine emphasized that capital punishment should be reserved for exceptional cases that meet specific criteria.
• Significance: 
  The Bachan Singh case marked a turning point in India's approach to the death penalty. By introducing the "rarest of rare" doctrine, the Supreme Court sought to ensure that the death penalty is not applied indiscriminately but is reserved for the most heinous and horrifying crimes that truly shock society's conscience.
• Ongoing Debate: 
  While the "rarest of rare" doctrine provides a framework for the application of the death penalty, it has also sparked ongoing discussions about the potential for subjectivity in determining what constitutes a rarest of rare case and whether the death penalty can ever be administered consistently and fairly.

Global Examples: Abolition of Capital Punishment

• Across the world, the trend towards the abolition of capital punishment reflects shifting societal values, concerns about human rights, and evolving perspectives on justice.
• Several countries have taken significant steps towards abolishing the death penalty, with some completely eliminating it from their legal systems. 
• Here are a few notable global examples:

1. Canada:

• Abolition Date: Canada abolished the death penalty for civilians in 1976 and for all crimes, including military offenses, in 1998.
• Reasons for Abolition: Canada's decision was influenced by concerns about human rights, a focus on rehabilitation rather than retribution, and a belief that state-sanctioned killing is incompatible with modern values.

2. European Union (EU) Countries:

• Abolition Date: The majority of European Union member states have abolished the death penalty. The EU itself considers the death penalty to be a violation of human rights and a cruel and inhuman punishment.
• Reasons for Abolition: Abolition in EU countries is often linked to shared values of human rights, dignity, and the belief that the death penalty does not serve as an effective deterrent.

3. South Africa:

• Abolition Date: South Africa abolished the death penalty in 1995, marking a significant step towards reconciliation and justice after the end of apartheid.
• Reasons for Abolition: The death penalty was associated with the oppressive apartheid regime, and its abolition signaled a commitment to a new era of human rights and equality.

4. Australia:

• Abolition Date: Australia has abolished the death penalty in all jurisdictions. The last execution in Australia took place in 1967.
• Reasons for Abolition: Abolition was driven by concerns about the potential for miscarriages of justice, the sanctity of human life, and the belief that the state should not have the authority to take life.

5. United Kingdom:

• Abolition Date: The United Kingdom abolished the death penalty for murder in 1965 and for all crimes in 1998.
• Reasons for Abolition: Public opinion, international human rights standards, and concerns about the death penalty's irrevocable nature contributed to the UK's decision to abolish capital punishment.