STATUS OF DEATH PENALTY AND LIFE IMPRISONMENT IN INDIA AND NORWAY: A CRITICAL COMPARISON OF THE TWO EXTREMES

Abstract

Punishment has always been used as a response to crime. Broadly speaking, there are two approaches to punishing a criminal- rehabilitative and retributive. Other theories like incapacitation and deterrence also surround this concept. The researcher, through this paper, aims to bring to light to different systems of criminal punishment-India and Norway. While in India the death penalty still stands constitutionally valid, Norway has abolished it citing it as toxic to human rights. Norway believes that death penalty is incompatible with humane treatment and correctional system of punishment. India has retained it within the exception of Article 21 which provides the state to devoid an individual of his life according to a procedure established by law. Through the case of Bachan Singh V State of Punjab , India awards death penalty only in rarest of the rare cases in order to serve the purpose of deterrence and incapacitation .Norway, on the other hand believes that there is no conclusive evidence of the deterrent effect of death penalty and vouches for the abolition of this irreversible form of punishment. This approach has placed certain extradition hurdles on Norway .If there is a possibility that a country will use death penalty on a Norwegian citizen, the person is not extradited. Also, cooperation on criminal investigation and judicial assistance will be limited. In India, with the case of Swami Shraddananda the punishment of life imprisonment without remission has been formulated to avoid multiple executions and using the same if the case falls outside the scope of rarest of the rare thereby asserting bachan singh. The same was also reiterated in the case of Sriharan v Union of India. This is in stark contrast to Norway. Norway puts complete ban on the punishment of a life term. The maximum life term that can be awarded in Norway is that of 21 years or 30 years if the crime is one against humanity. The Norwegian jails also offer amenities like personal trainers, television, saunas ,cinema rooms etc The crime of waging war against the state lands one to capital punishment in India whereas in Norway, Anders Behring Breivik – the man who was responsible for twin attacks on Norway killing 76 people – served the maximum sentence of only 21 years jail term. The crime rate in Norway is way below than that in India. Lack of social inequality and the rehabilitative approach of the state are the plausible explanations. The researcher through this article aims to analyse the laws of both the countries viz a viz death penalty and life imprisonment and shall also cite the reasoning of philosophers who vouch for retaining and those who vouch for abolition of death penalty as a form of punishment.