Death Sentence

In: Social Issues

Submitted By prabhashchand
Words 13513
Pages 55

India as is seen during present days has changed its conscience towards a new penal jurisprudence in abolishing the capital punishment. This is to counter the plenary provisions of Article 5 of International Covenant on Civil and Political Rights, 1966 and its protocol in 1989 where the State parties believed that abolition of death penalty should be in the scale of enhancement of human dignity and progressive development of human rights and recalling Article 3 of Universal Declaration of Human Rights adopted on 10th December, 1948 as well as Article 21 of our Constitution.1

It can be judicially said “I don’t punish you for killing the man but so that the other cannot be killed.” That is, the chief aim of capital punishment is to make deterrent to others for same crime . Now this concept is having a new direction. The Supreme Court and High Courts in India interpret the cases before giving the death sentence as rarest of rare cases. The Court moves its eye also for other aspects of society. The landmark cases where death sentences were awarded in India are Ranga Billa case2, Indira Gandhi and Rajiv Gandhi Assassination case, Laxman Nayak case 3 and the lastly, it was awarded to Dhananjoy Chatterjee on 14th August, 2004 in connection with Hetal Parikh case of West Bengal after the Supreme Court affirmed the death sentence awarded by lower courts and President also refused to grant him pardon.

In the year 2003, Government laid a bill in the Parliament which proposed to add a provision of the punishment, like death sentence in the Drugs and Cosmetics Act as also it was
|LL.B. Entrance Examination, Universal Law Publishing Co., New Delhi (2007), p.510 |
|AIR 1981 SC 1572…...

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