Capital punishment, also known as the death penalty, is the state-sanctioned execution of a person as a punishment for a crime. Typically, this involves putting a convicted criminal to death as a form of retribution or to serve as a deterrent to others who might consider committing similar offenses. Capital punishment is the most severe and irreversible form of punishment used by the legal system.

The crimes for which capital punishment can be applied vary by jurisdiction but often include offenses like murder, acts of terrorism, espionage, and in some cases, severe cases of drug trafficking or espionage. The methods of execution also differ from place to place, with common methods including hanging, firing squad, electrocution, lethal injection, and gas chamber.

The use of capital punishment is a highly controversial and divisive issue. Advocates argue that it serves as a strong deterrent, especially in the case of heinous crimes, and that it provides a sense of justice to victims and their families. Opponents, on the other hand, argue that it is inhumane, prone to error (leading to the execution of innocent individuals, and that it violates a person's fundamental human rights. Many countries and states have abolished the death penalty, while others still use it as a legal punishment. The stance on capital punishment varies widely around the world, and it continues to be the subject of ongoing debate and legal challenges.

History:
Capital punishment has a long history in India, dating back to ancient times. Here is an overview of the history of capital punishment in India:

• Ancient India: The use of capital punishment in India can be traced back to ancient times, where various forms of execution, such as beheading and hanging, were used as a means of punishment for certain crimes. The ancient Indian legal system, including the Manusmriti and other texts, prescribed the death penalty for certain offenses.
   
• British Colonial Rule: During the period of British colonial rule in India (1757-1947), the British introduced a formal legal system that included capital punishment. The Indian Penal Code of 1860, introduced by the British, included provisions for the death penalty for various crimes, including murder, dacoity (armed robbery), and acts of terrorism against the British Crown.
   
• Post-Independence India: After gaining independence from British rule in 1947, India retained the death penalty as a legal punishment. The Indian Penal Code continued to include provisions for capital punishment, and it has been used in India for various serious crimes.

Motive

The primary motives behind the use of capital punishment in India, as in many other countries, include the following:

• Deterrence: One of the main reasons for retaining capital punishment in India is the belief that it serves as a deterrent to potential criminals. The idea is that the fear of facing the death penalty may dissuade individuals from committing heinous crimes, such as murder or acts of terrorism.
   
• Retribution: Capital punishment is often seen as a means of retribution or revenge for the most serious and morally reprehensible crimes. Many people believe that those who commit brutal acts deserve to face the ultimate punishment as a form of justice and closure for the victims and their families.
   
• Public Safety: Advocates argue that executing individuals who have committed grave crimes helps ensure public safety by permanently removing dangerous offenders from society. This is particularly relevant for those who might pose a significant risk of repeating their offenses if they were to be released.
   
• Closure for Victims' Families: Capital punishment is believed by some to provide a sense of closure and satisfaction to the families and loved ones of the victims. They may view it as a form of justice for the wrongs committed against their family members.
   
• Preservation of Law and Order: The use of the death penalty can be seen as a way to maintain law and order within society. It reinforces the seriousness of certain crimes and the consequences individuals face for committing them.

Legal Challenges:
The use of capital punishment in India has faced legal challenges and has seen various reforms and debates over the years. Here are some notable legal challenges and reforms related to capital punishment in India:

• Bachan Singh v. State of Punjab (1980): In this landmark case, the Supreme Court of India ruled that the death penalty should only be imposed in "the rarest of rare" cases, establishing a two-tier system for sentencing. This judgment set a precedent for considering the gravity of the crime and the circumstances of the offender before imposing the death penalty.
   
• Rarest of Rare Doctrine: The "rarest of rare" doctrine introduced in the Bachan Singh case has been the subject of ongoing interpretation and debate. Courts in India have been tasked with determining what constitutes a rare and exceptional case warranting the death penalty, leading to further legal challenges and discussions.
   
• Review Petitions and Appeals: Defendants sentenced to death have the legal right to file review petitions and appeals. The legal system allows for multiple stages of review to ensure that the accused's rights are protected and that the sentencing is just and fair.
   
• Presidential Pardons: In India, the President has the constitutional authority to grant pardons or commute death sentences. This power has been exercised on occasion, leading to discussions about the role of executive clemency in the death penalty process.
   
• Moratorium on Executions: In 2009, India declared a de facto moratorium on executions, meaning no executions were carried out for several years. This moratorium was lifted in 2012 when Ajmal Kasab, one of the perpetrators of the 2008 Mumbai terrorist attacks, was executed. This led to renewed debate about the death penalty's use in India.
   
• Public Debate and Activism: There has been considerable public debate and activism in India both for and against the death penalty. Civil society organizations, human rights activists, and legal professionals have been involved in advocating for its abolition or for more stringent safeguards to prevent wrongful convictions and miscarriages of justice.
   
• Legal Challenges Based on Mental Health: There have been legal challenges arguing that individuals with mental health issues or intellectual disabilities should not be sentenced to death, as it would be in violation of their human rights.
   
• International Pressure and Human Rights: India has faced international pressure from human rights organizations and some countries to abolish the death penalty or place a moratorium on its use. Human rights concerns have been a part of global discussions on the death penalty in India.

Stand of Indian Judiciary on Capital Punishment:

The Indian Judiciary has taken a cautious stand on capital punishment, upholding the constitutionality of the death penalty while also imposing strict restrictions on its use.

In 2012, the Supreme Court of India ruled that the death penalty can only be used in the "rarest of rare" cases, where the crime is so heinous that it shocks the conscience of the court. The Court also laid down several guidelines for the imposition of the death penalty, including that it should not be used for crimes other than murder, and that it should not be used against juveniles, pregnant women, or the mentally ill.

The Supreme Court has since reaffirmed its stand on capital punishment in several cases. For example, in 2020, the Court upheld the death penalty for the four convicts in the 2012 Delhi gang rape and murder case, ruling that the crime was "rarest of rare" and that the convicts had shown no remorse for their actions.

However, the Supreme Court has also emphasized that the death penalty should be used sparingly and only in the most exceptional cases. In 2021, the Court commuted the death sentence of a man who had been convicted of murder, ruling that the crime was not "rarest of rare" and that the convict had shown signs of rehabilitation.

The Supreme Court's stand on capital punishment is in line with the international trend towards the abolition of the death penalty. The number of countries that retain the death penalty has been declining in recent years, and the UN General Assembly has repeatedly called for a moratorium on executions.

In conclusion, the Indian Judiciary has taken a cautious stand on capital punishment, upholding the constitutionality of the death penalty while also imposing strict restrictions on its use. The Supreme Court has ruled that the death penalty can only be used in the "rarest of rare" cases, and it has emphasized that it should be used sparingly and only in the most exceptional cases.

Stand of Indian Parliament on Capital Punishment:

The Indian Parliament has not taken a clear stand on capital punishment. The issue has been debated in both houses of Parliament on several occasions, but there has been no consensus on whether or not to abolish it.

In 2012, the Supreme Court of India upheld the death penalty but ruled that it should only be used in the rarest of cases. The Court also said that the death penalty should not be used for crimes other than murder.

Since then, there have been several private member bills introduced in Parliament calling for the abolition of the death penalty. However, none of these bills have been passed.

In 2018, the Ministry of Home Affairs set up a committee to review the death penalty. The committee submitted its report in 2019, but the government has not yet released it.

Number of Capital punishments executed till date in India:

According to the Project 39A data, at least 720 executions have been carried out in India since independence in 1947. The actual number may be higher, as there are no proper records maintained by the government on executions.

The majority of executions in India have been carried out for murder, followed by rape and terrorism. The states with the highest number of executions are Uttar Pradesh, Haryana, Madhya Pradesh, Maharashtra, and Karnataka.

The last execution in India was carried out on March 20, 2020, when four of the 2012 Delhi gang rape and murder perpetrators were executed at the Tihar Jail in Delhi.

It is important to note that the death penalty is a controversial topic in India, and there is a growing movement to abolish it. The Supreme Court of India has ruled that the death penalty can only be used in the "rarest of rare" cases, and it has emphasized that it should be used sparingly and only in the most exceptional cases.

First Capital Punishment in independent India:

The first capital punishment in independent India was carried out on November 3, 1948, when Nathuram Godse, the assassin of Mahatma Gandhi, was executed by hanging at the Ambala Central Jail in Ambala, Punjab. Godse was a member of the Hindu Mahasabha, a right-wing Hindu nationalist organization. He had assassinated Gandhi on January 30, 1948, in Delhi.

Godse's execution was controversial, with some people arguing that it was necessary to deter future political violence, while others argued that it was a cruel and unusual punishment. However, the Indian government decided to proceed with the execution, and Godse was hanged on November 3, 1948.

Since then, the death penalty has been used sparingly in India, with only a few executions carried out each year. The last execution in India was carried out on March 20, 2020, when four of the 2012 Delhi gang rape and murder perpetrators were executed at the Tihar Jail in Delhi.

My Observation:

• I believe that capital punishment is a just and necessary punishment for certain crimes, such as murder and rape. I believe that it deters crime, protects society from dangerous criminals, and provides closure for the families of victims.
• I understand that there are people who believe that capital punishment is cruel and unusual punishment. However, I believe that the benefits of capital punishment outweigh the risks.
• I also understand that there is a risk of executing an innocent person. However, I believe that this risk is very low. The Indian judicial system is very rigorous, and there are many safeguards in place to prevent the execution of innocent people.

In conclusion, I believe that capital punishment is a just and necessary punishment for certain crimes, such as murder. I believe that it deters crime, protects society from dangerous criminals, and provides closure for the families of victims.

Written By: Supreem Srivastava