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Thursday, 23 January 2025

Examination of the Constitutionality of Capital Punishment in India

 The constitutionality of capital punishment in India has been a subject of extensive legal scrutiny and debate, primarily revolving around its alignment with fundamental rights enshrined in the Indian Constitution. The Supreme Court of India has addressed this issue through several landmark judgments, establishing a framework that permits the death penalty under specific circumstances while also emphasizing the need for a fair judicial process.

Historical Context and Legal Framework

The death penalty is codified within Indian law, particularly under Section 302 of the Indian Penal Code (IPC) and governed by the Criminal Procedure Code (CrPC). The legal discourse on capital punishment began with the case of Jagmohan Singh v. State of Uttar Pradesh (1973), where it was contended that capital punishment violated Articles 14 (right to equality) and 21 (right to life) of the Constitution. The Supreme Court upheld the death penalty, asserting that it did not infringe upon these rights when applied in accordance with established legal procedures.


In Bachan Singh v. State of Punjab (1980), the Supreme Court reaffirmed the constitutionality of capital punishment, introducing the "rarest of rare" doctrine. This doctrine stipulates that the death penalty should only be imposed in exceptional cases where the crime is particularly heinous. The judgment highlighted that while Article 21 guarantees the right to life, this right is not absolute and can be curtailed under specific legal frameworks.

Key Judicial Decisions

1. Jagmohan Singh v. State of Uttar Pradesh (1973): The Supreme Court ruled that capital punishment does not violate Articles 14 and 21, stating that its imposition follows a procedure established by law.

   

2. Bachan Singh v. State of Punjab (1980): The Court upheld capital punishment as constitutional but mandated that it should only be applied in "the rarest of rare cases," thereby instituting a guideline for its application.


3. Maneka Gandhi v. Union of India (1978): This case established that any law depriving an individual of life must adhere to a fair, just, and reasonable procedure, reinforcing the need for judicial scrutiny in capital cases.


4. Mithu v. State of Punjab (1983): The Supreme Court struck down Section 303 of the IPC, which mandated death sentences for certain offenses without allowing judicial discretion, ruling it unconstitutional as it violated Articles 14 and 21.

 Current Legal Position

As it stands, there is no explicit provision in the Constitution that declares capital punishment unconstitutional. Instead, the Supreme Court has consistently ruled that while capital punishment is permissible, it must be applied judiciously and only after careful consideration of mitigating circumstances. The Law Commission has also recommended retaining the death penalty due to societal conditions in India, indicating a complex interplay between legal principles and social realities.

Conclusion

The constitutionality of capital punishment in India remains a contentious issue, balancing between societal needs for justice and individual rights to life. While upheld by various Supreme Court rulings as constitutional under certain conditions, ongoing debates continue regarding its ethical implications and effectiveness as a deterrent against crime. The legal landscape suggests a cautious approach towards its application, emphasizing fairness and reasonableness in judicial processes surrounding capital cases.


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