The debate as to whether the death penalty should be abolished or not is one of most long lasting and impassioned debates going on in the civil society and political sphere in India. Most supporters of death penalty believe that it is justified on grounds like; as means of revenge/justice, as a deterrent to others, to prevent any danger of re-offending and it is cheaper than life imprisonment where criminal will stay whole life in prison on tax payers’ money. But some human rights organizations oppose the death penalty on the plea that killing someone is always inhuman and it is like murdering legally. At the same time, keeping the serious victims alive in the prisons is a risk of future situations. No doubt in the words, of Mahatma Gandhi, an ‘eye for an eye’ and ‘tooth for tooth’ makes the whole world blind and toothless yet the government and courts must keep in mind that review of mercy pleas in favour of killers is likely to be challenged in the Supreme Court whose decision will have bearing on all decisions on mercy pleas including that of Parliament attack case convict Afzal Guru. The death penalty is probably the most divisive subject within criminal law and is aimed at striking fear into minds of people who indulge such heinous act. Criminal law is least effective when it is motivated by anger against its defendants. There are traditionally two debates regarding capital punishment. One is whether to allow it at all; the other is when to allow it. The latter debate is a hollow one in India. Only one person has been executed since 1995 and since 1947 only 52 people have gone to the gallows. The crime for which a person can be executed in India can be counted on one hand whereas in China which is estimated to execute as many as 5000 people a year. There must be a time limit in justice delivery system. The delayed decision on mercy pleas could go in favour of killers by simply reminding the government that its failure in taking expeditious decision will amount to violation of condemned prisoners’ right to live with dignity as guaranteed under Article 21 of the Constitution. I strongly feel that our laws should be such that a punishment should be so rigorous that it should remind not only to the offenders/terrorists/culprits but also it should be a living example for the people around him about his inhuman acts. Each day and night, he should regret his acts of crime to create crime free society.
