Judges mustn’t be swayed in favour of death penalty: Supreme Court

What is the news?

In a recent judgement, the Supreme Court (SC) has commuted the death sentence of a man to life imprisonment. The man was convicted in the rape and murder of a seven-year-old.

This judgement may become a significant precedent to the anti-death penalty cause.

What are the key highlights of the SC’s judgement?

Firstly, the judges should not be swayed in favour of death penalty merely because of the dreadful nature of the crime and its harmful impact on the society. They should equally consider the mitigating factors in favour of life imprisonment.

Secondly, the court referred to the “evolution of the principles of penology” which had grown to accommodate the philosophy of “preservation of human life”.

– The judge said that though capital punishment serves as a deterrent and is sometimes handed out as a “response to the society’s call for appropriate punishment in appropriate cases”.

– But the principles of penology have evolved to balance the other obligations of the society, i.e., of preserving human life unless termination thereof is inevitable and is to serve the other societal causes and collective conscience of society.

Note: Penology is a subcomponent of criminology that deals with the philosophy and practice of various societies in their attempts to repress criminal activities and satisfy public opinion via an appropriate treatment regime for persons convicted of criminal offences.

What is data on Prisoners on Death Row?

A recent report by Project 39A, a research and advocacy group at National Law University, found that the number of prisoners on death row at the end of 2021 was the highest in India since 2004.

As of December 2021, as many as 488 prisoners in India were facing death sentences, an increase of nearly 21% from 2020 figure of 404. 

This was because the number of death sentences imposed by trial courts increased sharply in 2021 while High Courts and the Supreme Court decided on fewer appeals of prisoners sentenced to capital punishment.

Source: This post is based on the article “Judges mustn’t be swayed in favour of death penalty: Supreme Court” published in The Hindu on 11th Feb 2022.