The Death Penalty in India: Justice or Revenge?

The death penalty has always been a topic of heated debate, oscillating between justice and the moral dilemma of taking a life. In India, capital punishment continues to be awarded in the 'rarest of rare' cases, raising significant ethical, legal, and emotional concerns. While some see it as a means of delivering justice, others perceive it as state-sanctioned revenge.

The Doctrine of “Rarest of Rare”

The Supreme Court of India, in Bachan Singh v. State of Punjab (1980), laid down the principle of awarding the death penalty only in the rarest of rare cases. This doctrine ensures that capital punishment is not arbitrarily imposed but is reserved for crimes of extreme brutality, where life imprisonment is deemed insufficient.

An Emotional and Moral Dilemma

While the legal provisions justify capital punishment, the emotional and ethical questions surrounding it cannot be ignored.

- The Pain of Victims’ Families: For victims of heinous crimes, the death penalty serves as a form of closure. Families who have lost loved ones in brutal murders or sexual violence often find solace in the belief that justice has been served.

- The Fear of Miscarriage of Justice: The irreversible nature of the death penalty makes wrongful execution a horrifying possibility. Cases such as Apex Court’s ruling in Santosh Kumar Bariyar (2009) highlighted concerns about the arbitrary application of capital punishment.

- Rehabilitation vs. Retaliation: Many argue that even the most heinous criminals deserve a chance at reformation. The case of Shatrughan Chauhan v. Union of India (2014) emphasised the importance of considering the convict’s mental health and circumstances before execution.

Global Trends and India’s Stand

Many countries, including the UK, Canada, and most European nations, have abolished the death penalty. India, however, retains it as a deterrent against grievous crimes. The Law Commission’s 262nd Report (2015) recommended abolishing capital punishment for all crimes except terrorism-related offences.

Justice or State-Sanctioned Killing?

The debate over the death penalty in India is far from settled. While it serves as a strong deterrent, the moral cost of taking a life remains heavy. Should justice be about retribution or rehabilitation? The answer lies in striking a balance—ensuring justice for victims while upholding human rights and avoiding irreversible errors.

As a society, we must ask ourselves: Does taking another life truly bring justice, or does it merely perpetuate the cycle of violence?