Critical Analysis On Capital Punishment And Violation Of Human Rights (By - Puneetha Choudhary)
Vatheeswaran vs. State of Tamil Nadu - the issue
in this case was whether lag in execution of capital punishment would violate
the Article 21 of the Indian Constitution and whether on this ground death
sentence may be given. The Court upheld that delay in the execution of death
penalty was just, unfair and unreasonable and inhumane, and this also deprives
the convict of his basic human rights, guaranteed under Article 21 of
Constitution of India; right to life and personal liberty. The Court in this
case observed to make all the right pay for the time required for appeal and
consideration of release, we see that delay exceeding two years in the
execution of a sentence to death should be considered sufficient to entitle the
person under sentence to death for invoking Article 21 of the Constitution and
to demand for quash of the sentence of death.
Bachan Singh vs. State of Punjab - In this
case the supreme court mentioned that capital punishment was to be given only
in the rarest of rare cases. Section 354(3) in CrPC mentions that when the
conviction is for a crime punishable with death then the judgment must provide
the reasons for the sentence given and in the case of sentence of death the
special grounds for such sentence.
Deena vs. Union of India - In this
case the apex court decided the constitutional validity of execution by hanging
as examined under section 354 (5) Cr.P.C 1973. It was also being challenged
that such execution was inhuman and violative of Article 21. The court even
regarded that section 354(5) of the I.P.C., that prescribed hanging as mode of
execution to be fair and reasonable
procedure
and within the ambit of Article 21 and hence is constitutional.
In India,
capital punishment or the death penalty has been practised for many years. When
we look at the statistics as to the number of crime rates, we can see that the
rates are increasing only and the death penalty has not proved to be a
deterrent for committing the offence. besides there are many countries where
capital punishment is already abolished. However some like India, have a
lengthy process for deciding as to whether a death sentence should be given or
not. As there was also a recommendation for abolition of this punishment form
the Indian Law Commission, but this was not noticed. So proper examination must
be initiated before giving an order of execution to a person as such a
punishment is permanent in nature and irreversible. Therefore, it is crucial
that all associated matters are considered before such a decision is taken and
if there is a least uncertainty, such a punishment mustn't be conferred. At
present, the law prevailing is laid down by the apex court that is doctrine of
rarest of the rare case. Even the mode of execution that the state must use is
a matter of debate and such mode must be decided as per the international
measures quick and painless. If the death penalty is imposed, it is necessary
to fulfil the conditions for the protection of human rights in the Criminal
Justice Administration in India. Any punishment to a crime must be fair, just,
adequate, reasonable and proportionate to the crime, and punishment should not,
in any case, be excessive to the nature of the crime.