World day against the Death Penalty: Key Facts, History, Human Rights, Death Penalty in India, Important Judgments, Importance and Challenges

Why in News?

World Day against the Death Penalty is observed every year on 10 October to raise awareness about capital punishment and promote its abolition worldwide.

Key Facts

What Is the Death Penalty?

• The death penalty, also known as capital punishment, is a legal punishment in which a person convicted of certain serious crimes is sentenced to death by a court.
• It is generally associated with offences such as murder, terrorism and other exceptionally serious crimes, depending on national laws.
• Capital punishment remains controversial because of concerns about wrongful convictions, discrimination, human dignity and the possibility of judicial errors.

History of the day

• The first World Day against the Death Penalty was observed on 10 October 2003, following an initiative by the World Coalition against the Death Penalty.
• The coalition brings together non-governmental organisations, legal professionals, human rights defenders and civil society groups.
• The day aims to strengthen international cooperation and encourage governments to reconsider the use of capital punishment.
• Unlike some international observances, World Day against the Death Penalty was initiated by a global civil society coalition rather than being established as an official United Nations international day.

International Human Rights Framework

• Universal Declaration of Human Rights (1948)
• Article 3 recognises the right to life, liberty and security of person.
• Article 5 prohibits torture and cruel, inhuman or degrading treatment or punishment.
• International Covenant on Civil and Political Rights (1966)
• Article 6 protects the right to life.
• In countries that have not abolished capital punishment, the covenant restricts its use and requires strict legal safeguards.
• India is a party to the ICCPR.
• Second Optional Protocol to the ICCPR (1989)
• Adopted by the United Nations General Assembly in 1989.
• Its primary objective is the abolition of the death penalty.
• India is not a party to this protocol.

Global Status of the Death Penalty

• More than two-thirds of countries worldwide have abolished the death penalty in law or practice. 
• However, executions continue in some countries, making capital punishment an important issue in international human rights discussions.

Death Penalty in India

• India has not abolished capital punishment. However, the Supreme Court has restricted its use through the rarest of rare doctrine.
• Under the Bharatiya Nyaya Sanhita, 2023, capital punishment continues to be prescribed for certain serious offences.

Constitutional Provisions

• Article 21: Protects life and personal liberty except according to procedure established by law.
• Article 72: Empowers the President to grant pardons, reprieves, respites, remissions, suspensions or commutations in specified cases, including death sentences.
• Article 161: Provides clemency powers to Governors within their constitutional jurisdiction.

Important Supreme Court Judgments

Arguments For and Against the Death Penalty

Importance 

• Human Rights Protection: Encourages respect for life, dignity and fundamental freedoms.
• Judicial Accountability: Highlights the importance of fair trials, legal assistance and safeguards against wrongful convictions.
• Legal Reforms: Promotes discussion on alternatives to capital punishment.
• International Cooperation: Encourages governments and civil society organisations to exchange experiences and strengthen justice systems.
• Public Awareness: Educates people about the legal, ethical and social consequences of the death penalty.

Challenges

• Wrongful Convictions: Judicial errors may lead to irreversible consequences.
• Socioeconomic Inequality: Poor and marginalised individuals may face disadvantages in accessing quality legal representation.
• Public Opinion: Support for capital punishment in cases involving particularly serious crimes can make legal reform politically challenging.
• Unequal Application: Concerns remain about inconsistent sentencing and discrimination within criminal justice systems.
• National Sovereignty: Countries maintain different legal, cultural and political approaches towards capital punishment.

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