Should capital punishment be abolished?

This has been a topic of discussion in my country, India, in the recent past. The country, esp women’s faith on their country, for their safety, shook greatly, when several rape incidents occurred across the country. People were outraged and staged massive protests. There was an emotional outburst across the country demanding for death sentence of rapists. Nation’s pride was at stake. One evening a friend of mine and I were discussing on this topic and he asked me to express my views on capital punishment. Here is an attempt on the same.

Before we jump to the 'punishment' part of any offense, let us first take a look at, what does the word, ‘Law’ mean. Well, according to Wikipedia, there is no universal definition for the word, ‘Law’ but its a set of rules and guidelines. So the fact is, it depends upon a person's ability to interpret the laws or guidelines upon which a verdict is given.

Given that, we are societal animals, we are governed by set of rules and guidelines for the smooth functioning of society. Since most of us are very religious! (Let's check this out in my next blog post) we have framed certain religious laws as well. So are there any factors which any law should satisfy. What could be its virtues?

* Fortitude - firmness of purpose. Does it have sound purpose for framing it?

* Equality - Is it applicable universally? Or at least to all the citizens / refugees of the land? The law should be the same even to accused until proven guilty

* Timeliness - A law should not only last for a reasonable time (again scope for interpretation) but should be amended according to current circumstances and ensure if any punishment is awarded, should be delivered in time

* Ethical - Does the law have morals? 

Now why should any Law change with time? Is it not possible to make a Law permanently once and for all? Sadly, human behaviour isn't so simple to predict. The way each generation matures, learns, survives, grows and thinks is different. Had it not been for noble thinking by a couple of great men and massive effort by North Americans, African American slavery would not have been abolished. They would not have been allowed into schools. Women (around the world) would not have been allowed to participate in Olympics, have education, vote and work. LGBT community wouldn't be having their rights, though most are evolving worldwide right now.

Now let's assume, Indian laws are up to date. Should capital punishment be allowed in India? 

The problem is two fold, one capital punishment is awarded only if, guilt of the accused is proved beyond reasonable doubt and is a rarest of rare crimes. Now, it depends upon Judge's prudence if the crime committed is rare and he/she is absolutely sure about the punishment. Mulling over these two issues, 

http://www.dl.ket.org/latin2/mores/legallatin/legal01.htm

If you're interested you may want to watch the following video clipping, a debate on capital punishment NDTV – A question of life and Death

Disclaimer: These are my personal views and I haven't studied law. Views may vary and do not represent Indian Law in any official capacity .