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What's the article about?
- It analyzes the issue of capital punishment (death penalty) in India.
Relevance:
- GS2: Parliament and State Legislatures—Structure, Functioning, Conduct of Business, Powers & Privileges and Issues Arising out of these
Context:
- The recent examination of the Bharatiya Nyaya Sanhita (BNS), the proposed criminal statute to replace the Indian Penal Code (IPC), has raised concerns over the parliamentary committee's decision to leave the matter of the death penalty to the government's discretion. This decision comes despite persuasive arguments from experts and jurists advocating for abolition.
Analysis:
- The parliamentary committee's recommendation to defer the decision on the death penalty to the government is a missed opportunity for abolition.
- Statistical trends indicate a decline in the Supreme Court's inclination towards capital punishment, while instances of awarding death sentences by trial courts are on the rise.
- Social scientists have demonstrated the ineffectiveness of the death penalty as a deterrent, and global opinion favors its abolition.
- Dissenting members of the committee have highlighted the lack of deterrence, the efficacy of life imprisonment, and the disproportionate impact on underprivileged individuals.
- The BNS's definition of 'life imprisonment' as a term for the remainder of one's natural life should be the default alternative to death sentences.
- Abolition sentiments will gain strength if premature release of life convicts on political grounds is curbed and life terms without remission become prevalent.
Way Forward:
- The BNS presents an opportunity to reconsider the need for capital punishment. Removing the death penalty from the statute book and introducing a rational remission policy would constitute a significant reform in the justice system. The government should take into account the compelling arguments for abolition and make a bold decision to move towards a more humane and effective criminal justice system.
