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Death Penalty: Should it be Abolished?
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In this Video lesson you will get idea about constitutional and legal mandates of death penalty. Lesson also contains India relevant statistics and global scenario related to death penalty. Lesson ends with exceptions in Indian law to whom death penalty can't be given.

Akshay Kadam is teaching live on Unacademy Plus

Akshay Kadam
With 5 yr UPSC coaching experience; I wl help u get conceptual clarity of topics & their Applied Understanding to score more.

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  1. DEATH PENALTY: SHOULD IT BE ABOLISHED? By Prof. Akshay D Kadam https://unacademy.com/user/AkshayDKadam


  2. Death Penalty: Should it be Abolished? > Is there Constitutional Mandate? Art 21: Procedure Establlshed By Law. Art 34: Art72 $161: Pardoning Power of Prez. and Governors. Restriction on rights conferred by this Part while martial law is in force. Is there Legal Mandate? 02: Whoever commits murder shall be punished with death Section 354(S) of the CrPC: Describes Method- "hanging by neck till the convict is dead." Army Act, Navy Act, Air-force Act: Death punishment for Sentry Sleeping: Intoxication 22 Legislations in India for Death Penalty. Supreme Court Bachan Singh Vs State of Punjab: "Rarest Of Rare Doctrine" https://unacademy.com/user/AkshayDKadam


  3. Death Penalty: India Relevant Statistics 371 people were known to be under sentence of death at the end of 2017. > NCRB: Between 2004 to 2013: 1303 Death Verdict pronounced. Only three convicts were executed over a period of 10 years, one each in West Bengal (2004), Maharashtra (2012), and Delhi (2013). India saw an execution-free period of seven years between 2004 and 2012 > The last execution to take place in India was the July 30, 2015 hanging of Yakub Memon. https://unacademy.com/user/AkshayDKadam


  4. Death Penalty: Global Scenario Retentionist countries: 54 Abolitionist-in-practice countries: Have not executed anyone during the last decade or more and are believed to have a policy or established practice of not carrying out executions: 29 Abolitionist-in-practice countries: Have not executed anyone during the last 14 or more years and abolitionist-in-law for all crimes except those committed under exceptional circumstances: 7 Abolitionist countries: 105 US the only G7 country to still execute people Descending Order of Top Executioners: China, Iran, Saudi Arabia, Iraq, United States, Pakistan (Source: Amnesty International :) . . https://unacademy.com/user/AkshayDKadam


  5. Offenders Excluded From the Death Penalty in India: Individuals Below Age 18 At Time of Crime. According to the Juvenile Justice (Care and Protection of Children) Act 2000, individuals who were under the age of 18 at the time of the crime cannot be executed. Pregnant Women. A pregnant woman sentenced to death must be granted clemency. Intellectually Disabled and Mentally III According to the Indian Penal Code, individuals who were mentally ill at the time of the crime and who did not understand the nature of the act or know that the act was wrong or against the law cannot be held criminally liable. This could be interpreted to exclude intellectually disabled persons from the death https://unacademy.com/user/AkshayDKadam


  6. Death Penalty Abolishment: Arguments Against Death penalty act as a deterrent: Human behaviours are by-product of Reward and Punishment mechanism Practices as Rarest f Rare Doctrine: Supreme Court in "Bachhan Singh Vs State Of Punjab" Case pronounced it be practiced responsibly Has Legal and Constitutional Mandate: Practiced with doctrine of Procedure established Law and Due Process of Law. Satisfying collective conscience and Keep faith in Justice System: Supreme Court in Delhi Gang Rape Case upheld the death penalty in the name of "satisfying collective conscience". . India Faces sovereign threats like Militancy, Insurgency, Naxalism etc https://unacademy.com/user/AkshayDKadam


  7. Death Penalty Abolishment: Arguments in Support No demonstrative utility in deterring crime or in Incapacitating offenders: 1) The decline in murder rate in India has coincided with a decline in rate of executions. 2) Experience in USA shows no increase in Crime rates in States which abolished it and vice versa. 3) Ineffective for psychopath criminals; terrorists with suicidal tendencies or planned crimes and for crimes committed in Impulsive situation. This raises questions about whether the death penalty has any greater deterrent effect than life imprisonment. Arbitrary sentencing of capital punishment/ Turned Lethal Lottery:: In most cases, the courts affirmed or refused to affirm the death penalty without laying down legal principles. Death Penalty Jurisprudence not consistent in India. Judgements depend of Individual judge's predilection. https://unacademy.com/user/AkshayDKadam


  8. Death Penalty Abolishment: Arguments in Support Long delays leading to extreme agony: People sentenced in India face long delays in trials and appeals. "During this time, the prisoner on death row suffers from extreme agony, anxiety, and fear arising out of an imminent yet uncertain execution," Liberal View; Its State Sponsored Killing: State has not crated life and have no right to take away life. Right to life is Most Supreme Right and Cant be deprived of. Irreversible Miscarriage of Justice: According to the Innocence Project Statistics there have been 312 people who have been exonerated in the United States based on new DNA evidence. 18 of those who were exonerated were on death row . ID https://unacademy.com/user/AkshayDKadam


  9. Death Penalty Abolishment: Arguments in Support Sort of Double Jeopardy: Delay in application of appeal and execution delay not taken in to account. Supports Retributive Justice: Its one form of retributive violence by State and promotes blood thirsty, lynch mentality. While civilised society is build on the foundation of reformative Justice. Rarest of the Rare Doctrine Broken Down: Out of 100 death sentences by Trial court; 45% are upheld in higher courts, while 30% are acquitted. Socio - Economic Bias in Justice System: Socio Economic status of convicts reflect in sentencing of Judgements. 94% convicted are Dalit or Religious minorities. Reflect systematic bias and structural disadvantages in justice system https://unacademy.com/user/AkshayDKadam


  10. Death Penalty Abolishment: Conclusion Observations 1: There is a higher percentage of men that are in favour than women because we can see that men and women think different maybe the males prefer a radical solution and maybe they are more aggressive than women. Observations 1: From Global Scenario we conclude that in the oriental part of the world there are the countries which still have death penalty in their laws; at least in the occidental part we just have USA with 52 people. Oriental countries believe more in death penalty. Conclusion: its colonial legacy. Death Penalty jurisprudence was handed down by British. No parliamentary debate took place in post independent India. Law is evolutionary process and should evolve with Society; and should reflect socio-cultural realities. Comprehensive social debates should take place before abolishment. https://unacademy.com/user/AkshayDKadam