NCJ Number
90699
Date Published
1981
Length
9 pages
Annotation
The death penalty in India should be abolished. Its deterrent and retributive functions do not justify it.
Abstract
The Stockholm Conference on the Abolition of the Death Penalty, composed of more than 200 delegates and participants from throughout the world, presents sound arguments for the outlawing of the death penalty. The death penalty has never been shown to have a unique deterrent effect, and it involves the state in a brutal, emotional act of vengeful violence when it is the responsibility of the state to act rationally and constructively for all its citizens. Execution is also irrevocable, preventing rectification of incorrect verdicts. It is disappointing that India's Law Commission in its 35th report stated that it is not an opportune time for the abolition of the death penalty in India. India's Supreme Court has ruled that capital punishment cannot be regarded as unreasonable per se or violative of the constitution. Public sentiment tends to support emotional and vengeful societal reaction to particularly heinous crimes, and the state's persistence in the use of capital punishment reflects this public opinion. It is the responsibility of the state to set rational and humane policy even in opposition to public opinion and then to educate the public about the evils of capital punishment.