TOPIC: Structure, organization and functioning of the Executive and the Judiciary
Ministries and Departments of the Government; pressure groups and formal/informal
associations and their role in the Polity.
5) The introduction of death penalty for non-homicidal crimes, unchecked by the court, inspires the state to enter into a unhealthy competition of symbolism, at the cost of regressing notions of justice in the public. Critically Comment in the light of recent happenings in India.(250 words)
Why this question
There have been calls for death penalty in many kinds of cases and offences in India ranging from Child rape to mob lynching slaughter of cattle. However, death penalty has been empirically shown to be ineffective in achieving their desired goals and there are a host of other social and political issues associated with it and which deserve a proper discussion.
Key demand of the question.
The question wants us to express our knowledge and understanding of the issue of awarding death penalty in cases of non-homicidal crimes and bring out how they lead to an unhealthy competition of symbolism and how it affects the notions of justice in the public.
Comment- here we have to express our knowledge and understanding of the issue and form an overall opinion thereupon. We have to look at both the sides of the issue and after discussing each one of them, we have to from a personal opinion on the issue.
Structure of the answer
Introduction – write a few lines about the recent SC remarks on awarding death penalty for mob lynching cases. E.g it is a reactionary retributive attitude transforming itself into dehumanisation of human beings.
- Discuss the pros of death penalty. E.g fast and apparently better serving of justice; no overcrowding of jails; sense of justice delivery is higher among the victim and their family; better deterrence than other punishments etc.
- Discuss the cons of death penalty. E.g wrong conviction of innocent people particularly important in case of India; paradoxically more resources need to execute death penalty; no chance of reformation given to the victim; protracted proceedings as the case involves the right to life and sometimes the judges may take a lenient view and simply absolve the offender etc.
- Discuss the cases where death penalty has been sought in India. E.g terrorism, liquor consumption; cow slaughter; mob lynching; dealing with narcotics; Child rape etc.
- Discuss their need and desirability in terms of your discussion and take the help of the articles attached to the question to frame your answer.