DELAYED JUSTICE IN DEATH PENALTY


Justice is rightly called the shield of innocence and guardian of civil rights, as Martin Luther King said, “injustice anywhere is threat to justice everywhere”.  Justice basically means being just, impartial, fair and right. Justice to the accused/convict is as important as justice to the victim.

Capital punishment has been in talk in India and other countries as well. In 1982, in the Bachan Singh Vs State of Punjab, the Supreme Court propounded the “rarest of rare” doctrine and since then, life sentence is the rule and the death sentence the exception. Capital Punishment is awarded in cases related to rape, murder, terrorism and atrocity. In Law Commission of India’s report on Death Penalty in 2015, it was stated that there were 12 crimes under IPC and 22 other laws which prescribed death penalty. In 2019, the NDA government amended the POCSO Act in order to grant death penalty to those who indulge in aggravated sexual assault against children. 

William Edward Gladstone, former PM of United Kingdom cited the phrase “Justice delayed is justice denied”, meaning- if justice is not carried out at right time, then even if it is carried out later it is not real justice, because when there was demand of justice there was lack of justice. The Current example of Justice delayed is the Nirbhaya case of 2012, which had 3 Judge-Bench, 4 of 6 men were convicted and hanged, one suicide and one juvenile, took 8 years for justice after brutal crime.

Unfortunately, there is no such act or code in our legal system which lays down the time period for disposal of cases. The number of judges is not sufficient as per population of our nation, which also causes hindrance in justice. However, as per current scenario it will take 300 years to clear backlog of cases in Indian courts. 

Everyone has a right for a fair trial and to defend themselves in court. Under Article 20, 21 and 22(6) of the constitution, no matter the crime committed the constitution and law beliefs in reforming the convict. However, some crimes are way extreme and death penalty seems like accurate and sufficient punishment and justice to the aggrieved victims.


End Notes: -
1. Bachan Singh Vs State of Punjab 1980.
2. 2012 Delhi gang rape and murder.
3. Article 20, 21 and 22(6) of Indian Constitution. 

Written By: -
Ayesha Ansari.

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