Hindu Editorial Analysis : 4-March-2024
India is facing a significant crisis regarding the death penalty. The number of prisoners on death row has been steadily increasing, reaching its highest point since 2004. By the end of 2023, there were 561 individuals sentenced to death. This alarming trend raises questions about the fairness and effectiveness of the death penalty system in India.
The Rising Death Row Population
The increase in death row prisoners is largely due to the excessive and often unjustified use of the death penalty by trial courts. Key factors include:
- High Acquittal Rates: Many cases that reach the Supreme Court end with acquittals. In 2023, nearly 55% of death row prisoners were acquitted, highlighting serious flaws in the judicial process.
- Failures in the Justice System: Systematic failures by the police and prosecutors have contributed to wrongful sentences, indicating a broken system.
Supreme Court’s Role
The Supreme Court of India is crucial in addressing the death penalty crisis. Notable points include:
- Judgments Highlighting Issues: The Court has recognized ongoing problems in administering the death penalty fairly.
- Calls for Reform: In 2022, the Supreme Court sought reforms, but these have not been effectively implemented in lower courts, leading to continued high rates of death sentences.
Arguments For and Against the Death Penalty
Arguments Supporting the Death Penalty
- Law and Order: The Law Commission has suggested that maintaining the death penalty is necessary for upholding law and order.
- Deterrent Effect: Proponents argue it deters crime and meets society’s demand for justice in severe cases.
Arguments Against the Death Penalty
- Global Trends: Most countries are moving away from capital punishment. Over two-thirds have abolished it.
- Disproportionate Impact: The death penalty often affects the poor and uneducated more than the wealthy. A significant majority of death row prisoners come from disadvantaged backgrounds.
- Psychological Trauma: The experience of being on death row has lasting psychological effects, even if the sentence is later overturned.
Societal Impacts
The death penalty disproportionately impacts specific groups in society. A 2016 study revealed that:
- High Representation of Marginalized Groups: About 76% of death row prisoners belong to scheduled castes, tribes, or other marginalized communities.
- Structural Inequalities: The system shows deep-rooted discrimination based on caste and class.
The Need for Reform
Given the high acquittal rates and the continuing rise in death sentences, reform is essential. Suggested changes include:
- Uniform Sentencing Approach: A consistent method for sentencing that considers alternatives to the death penalty is necessary.
- Compliance with Supreme Court Decisions: Lower courts must adhere to Supreme Court rulings to ensure fair hearings.
- Abolition of the Death Penalty: The Law Commission has recommended abolishing the death penalty, except for terrorism-related cases.
Why In News
Recently, it was found that India’s death row population has been on a steady rise, reaching its highest-ever numbers at the end of 2023, raising urgent concerns about the fairness and effectiveness of the judicial system handling capital punishment.
MCQs about The Death Penalty Crisis in India
- What was the number of prisoners on death row in India at the end of 2023?
A. 450
B. 561
C. 600
D. 700
- What significant trend did the Supreme Court of India observe regarding death row prisoners in 2023?
A. An increase in death sentences
B. A decrease in acquittals
C. A high rate of acquittals
D. A rise in new death penalty cases
- Which group is most disproportionately affected by the death penalty in India, according to the 2016 study mentioned in the essay?
A. Wealthy individuals
B. Individuals from scheduled castes and tribes
C. Educated professionals
D. Foreign nationals
- What reform does the Law Commission of India recommend regarding the death penalty?
A. Strengthening its imposition
B. Retaining it in all cases
C. Abolishing it except in terrorism-related cases
D. Expanding its application
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