THE MOST PRE-MEDITATED OF MURDERS: SUGGESTING PRACTICAL MEASURES TO MOVE AWAY FROM DEATH PENALTY

Abstract

In India, the retention or elimination of the death sentence has historically sparked heated arguments. Debates in favor of the death penalty frequently rely on deterrence, victim satisfaction, or the protection of society from criminals; on the other hand, those opposed to it often invoke progressive penology, failure of the deterrence theory, or the worst abuse of a convict's human rights, to name a few. As a dynamic society with a functioning legal system, India must take a firm stance on the fate of the death sentence in the criminal justice system. Sham beliefs and advocacies that see the death penalty as the best form of retaliation, vengeance, or setting an example for others do not get us very far in analyzing India's death penalty's retention. On the other hand, good thinking about punishment, appropriate remedies for victims on a case-by-case basis, accused reform, and community interest protection are some pragmatic factors for determining the sentence of convicts. Such actions significantly support and justify the abolition of the death penalty in India. India is currently one of just 59 countries out of 193 that retain the death sentence. It is past time for India to follow the concrete empirical results that show that the death sentence is entirely unrelated to crime rates. Taking someone's life as a punishment, both legally and morally, does not serve the goal of justice or public interest.