It is necessary that there should be a neutral and impartial assessment of Capital Punishment which is often subject to debate and even criticism in different circles. Let us first see what is Capital Punishment and why it is executed. It is said that in man the qualities or characteristics of both God and demon are inherent. When he does a godly work he gets appreciation and people remember him. When he is engaged in a demonic activity and commits a crime he is called a criminal and as per law, punishment is inflicted on him. Though in the book of law there are many punishments to keep crime under control, Capital Punishment is the highest. It aims at giving the right punishment to the criminal and creating a sense of fear amongst the criminals so that the crime is not repeated. Now let us have a look at the history of Capital Punishment. It has been in vogue in our country since ancient times. The system of punishment has been surely instituted to keep man under control and create a sense of fear for crimes. The great tradition of our country makes it clear that man is awarded and punished for his good and evil deeds respectively. The righteous man goes to heaven while the evildoer goes to hell. There has been a division or classification of heaven. One, as per his deeds and devotion, gets a berth in Brahmalok, Shivlok, or Vishnulok or Baikuntha. On the other hand, if one commits sin one has to go to hell. Chitragupta keeps an account of man’s good and evil deeds (Papa and Punya) and accordingly Yamraj, the God of death, decides upon punishment for the sinners. Our Shastras and Puranas exhaustively deal with the types of punishment that He imposes. This may be Puranic. But it definitely aims at creating a sense of Dharma and Adharma amongst people at the same time arousing in them a respect for discipline.
After the ancient times, Shastras and Puranas history have remained a mute witness to the existence of Capital Punishment or Death Penalty. Though the illustrious emperor Harshavardhan had accepted Buddhism he had implemented a system of stricter punishment so that law and order could be maintained and crime could be controlled in his empire. Huentsang, the Chinese traveler, in his accounts has mentioned that during this time the limbs of the criminal were chopped off and he was even thrown into the river with a heavy stone tied to his neck with a rope. Huentsang in his book ‘Si-yu-ki’ has mentioned that the emperor had to take recourse to a stricter code of punishment as the law and order situation had deteriorated in his empire. While traveling even he was robbed of his belongings. The emperor wanted to create a fear psychosis amongst people so that the rate of crimes could be brought under control to a considerable extent. Afghan ruler Shershah Suri was also able to control crimes by implementing a stricter system of punishment. In medieval India, the Death Penalty or Capital Punishment did continue and the Rajas, Maharajas, and Samrats implemented it. The Britishers also continued with it and had hanged many a freedom fighter. After India gained independence the national leaders and framers of the constitution have kept the provision for Capital Punishment and the Indian judiciary can impose it in the rarest of rare cases. It is the duty of the judiciary to take a decision in this regard keeping in view the circumstances leading to the crime, the evidence, and the gravity of the crime. The criticism in certain circles that sufficient details about the rarest of rare cases and what it exactly is are not available in the system, is not justified. It is not possible to mention details about it beforehand. The responsibility has been vested with the judiciary of the future. It is also necessary to have neutral and impartial debates on the topic in the light of Capital Punishment not being able to control crimes and certain groups branding it against the right to life and human rights as enshrined in the constitution. Today we inhabit a democracy. Monarchy has become a thing of the past. It was not possible on the part of the people to raise their voice against the Rajas, Maharajas, and Samrats. But today we can speak and give our opinion on any topic or matter. But it does not mean that what we say will have no base. Though almost one hundred countries approximately around the globe have done away with Capital Punishment it is still in vogue in many developed and developing countries and the method is even stricter in some of them.
Whether Capital Punishment should be done away with and what should be its substitute is the prerogative of the government and the judiciary to decide. But we must not forget that there is provision for Capital Punishment or Death Penalty in the Indian judicial system categorically. The judicial system also sees to it that the guilty must be punished and the innocent must be set free. The provision for mercy petitions with the President of India has often been resorted to in the context of Capital Punishment. The demand by the victim’s family and the hue and cry by the public for Capital Punishment to the guilty in certain cases on the one hand and the consideration of the victim’s family and human rights organizations against Capital Punishment on the other can hardly be sidelined. Public opinion will play a key role in any kind of decision for or against Capital Punishment. Another matter to ponder over is whether Life Imprisonment could be a good substitute for Capital Punishment. Reforms can be brought about in the constitution and judicial system in the changed circumstances taking into account all kinds of considerations. But it is not imperative to hold the process of law, the judicial system, and the constitution responsible for the pros and cons of Capital Punishment.
(The views expressed are the writer’s own)

Mr. Prafulla Kumar Majhi,
Retired Asst. Director, A. I. R, is an eminent Scholar and freelance writer in English & Odia. His areas of interests are sociocultural, economic, literary, historical and analytical studies and writings.
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