The CBI has filed an appeal before the Calcutta HC seeking enhancement of life imprisonment to the death penalty for the convict in the rape and murder of the doctor at the R.G. Kar Medical College and Hospital.

Background of the case

• In August, 2024, female postgraduate trainee doctor was raped and murdered at R.G. Kar Medical College and Hospital in Kolkata.
• A male civic volunteer working for the Kolkata Police was arrested under suspicion of committing the crime.
• The incident has sparked widespread debate on the safety of women and doctors in India and has led to significant outrage.
• Nationwide and international protests have taken place in the wake of this tragic event.

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Recent Judgement about the case

• The Kolkata sessions court has ruled the case as not being “rarest of rare”.
• The court has denied the death penalty to prime accused, despite public outcry and sentenced him for life imprisonment.
• Comments of the Court:
  • The judiciary’s primary responsibility is to uphold the rule of law and ensure justice based on evidence, not public sentiment.
  • It is of prime importance that the court maintain its objectivity and impartiality by focusing solely on the facts and evidence presented during the trial.
  • The court must consider the rights and circumstances of the accused, as well as the broader implications of its decisions.

Capital Punishment

• Capital punishment refers to the process of sentencing convicted offenders to death for the most serious crimes (capital crimes) and carrying out that sentence.
• The specific offenses that determine if a crime is eligible for a death sentence are defined by Law (e.g. IPC/BNS, UAPA, TADA etc).
• Some convicts  who have been awarded the death penalty:
  • Ajmal Kasab (2012): For involvement in the 2008 Mumbai Terror Attacks (26/11).
  • Afzal Guru (2013): He was involved in the 2001 Indian Parliament Attack.
  • Yakub Memon (2015): Involvement in the 1993 Bombay Bombings.
  • Dhananjoy Chatterjee (2004): Murder of the Basu family in Kolkata in 1990.
  • Nirbhaya convicts (2020): Four convicts of the Delhi rape and murder case in 2012.

Extrajudicial killings and difference with Capital Punishment

• Extrajudicial killings, or extrajudicial executions, happen when someone in an official position deliberately kills a person without any legal process.
• Capital Punishment is a legal form of punishment, carried out by the state after a trial and legal proceedings.
• Extrajudicial Killings are illegal murders, usually committed by authorities without a trial or legal process.

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Doctrine of “Rarest of the Rare”

• The doctrine of “rarest of the rare” emerged from the landmark judgment in Bachan Singh vs. State of Punjab (1980). 
• The Supreme Court of India upheld the constitutional validity of the death penalty but ruled that it should only be imposed in the “rarest of the rare” cases.
• Key Highlights of the Doctrine:
  • The doctrine established that sentencing should consider not just the crime but also the circumstances of the offender.
  • It ensures that the punishment is proportionate to the crime.
• Subsequent Developments:
  • The “rarest of the rare” doctrine has been further clarified in cases like Machhi Singh vs. State of Punjab (1983), which outlined aggravating and mitigating factors.
  • The courts have evolved the principle to avoid arbitrary or biased use of the death penalty.

Ethical Considerations in Awarding the Death Penalty

• Philosophical Debate:
  • Retributive justice vs. reformative justice: The death penalty often poses a moral dilemma about whether punishment should focus on retribution or rehabilitation.
  • Ethical question of taking a life: The judiciary must grapple with whether the state has the moral right to extinguish life.
• Consideration of Circumstances:
  • The offender’s background, mental state, and possibility of reform are crucial ethical factors.
  • Balancing the rights of the accused and the demands of justice for victims.
• Role of Judiciary in Upholding Ethics:
  • The judiciary must avoid bias, ensure due process, and act as the guardian of constitutional morality.
  • Sentences must not be influenced by populism or political pressures.

Issues with the application of  “rarest of the rare” Doctrine

• Subjectivity in Interpretation:
  • What qualifies as “rarest of the rare” is often subjective and varies from judge to judge.
  • Lack of uniformity in judgments leads to inconsistent application of the doctrine.
• Delays in Execution:
  • Prolonged delays in carrying out death sentences raise questions about the fairness of justice.
  • Long incarceration on death row has been criticized as a form of psychological torture.
• Impact of Public and Political Pressure:
  • Cases with high public attention or political significance often lead to moral dilemmas in sentencing.
  • Populist sentiments may influence the impartial application of the doctrine.
• Case Studies:
  • Nirbhaya Gang Rape Case (2012): While the death penalty was imposed, the delay in execution led to debates about its deterrent value.
  • Dhananjoy Chatterjee Case (2004): Critics argued that societal outrage influenced the death sentence, raising concerns about judicial independence.

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Arguments in Support of the Death Penalty

• Justice for Victims: The death penalty is seen as fair retribution for those who commit the most heinous crimes, giving justice to the victims and their families.
• Forfeiture of the Right to Life: Individuals who commit murder forfeit their right to life, as they have taken someone else’s life.
• Retribution and Moral Indignation: Capital punishment is seen as a just form of retribution, expressing and reinforcing society’s moral outrage, not only for the victim’s family but also for law-abiding citizens.
• Reinforces the Rule of Law: Punishing the worst crimes with the harshest penalties shows that society takes law and justice seriously.

Arguments Against the Death Penalty

• Disproportionate Punishment: When used for lesser crimes, the death penalty is deemed immoral as it is disproportionate to the harm caused.
• Violation of Human Rights: Everyone has a right to life. Taking a person’s life through the death penalty is seen as cruel, inhuman, and degrading.
• Irreversible Mistakes: If someone is wrongly convicted and executed, the mistake cannot be undone, leading to permanent injustice.
• Promotes Revenge, Not Justice: Punishment should focus on reform and rehabilitation, not revenge. The death penalty prioritizes revenge over the chance to change lives.

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Challenges in Maintaining Judicial Ethics

• Influence of Political and Societal Pressures on Sentencing: 
  • Public Opinion and Populism: In high-profile cases, public outrage or demands for harsh punishment can unduly influence judicial decisions.
  • Political Interference: The judiciary, though independent, is occasionally pressured by political forces to deliver judgments favorable to the ruling government or influential groups. 
  • Media Trial and Sensationalism: Media coverage often creates a parallel trial outside the courtroom, putting undue pressure on judges.
• Misuse of Judicial Discretion: 
  • Subjectivity in Sentencing: Judicial discretion, while essential, can lead to inconsistent and arbitrary sentencing when judges fail to adhere to established principles or guidelines.
  • Ethical Dilemmas: Judges often face moral conflicts, such as balancing the need for justice with considerations of compassion or mercy.
• Lack of Uniform Sentencing Guidelines: India lacks a comprehensive, structured sentencing policy, leading to discrepancies in punishment for similar crimes.
  • Variations in awarding life imprisonment versus the death penalty in heinous crimes.

Way Forward for Addressing Capital Punishment and Judicial Ethics Issues

• Clear Legal Guidelines: Establish comprehensive legal frameworks for awarding the death penalty, ensuring that it is only imposed in the “rarest of rare” cases, as outlined in the Bachan Singh v. State of Punjab case.
• Reducing Political Influence: Strengthen safeguards for judicial independence, ensuring that judges are not influenced by political pressure, populism, or media trials. 
  • A judicial accountability law could be considered to prevent external interference.
• Public Awareness and Education: Promote public understanding of judicial processes, ensuring that decisions are not swayed by sensational media coverage or populist sentiments.
• Training for Judges: Provide training programs for judges on the ethical and practical challenges in sentencing, particularly in complex cases involving capital punishment.
  • Training should help judges understand the psychological and societal dimensions of crime and punishment.
• Strengthening Accountability Mechanisms within the Judiciary: 
  • Transparent Decision-Making: Mandating detailed reasoning for judgments to ensure fairness and build public trust.
  • Role of Higher Judiciary: Appellate courts should review and address inconsistencies in lower court sentencing, promoting uniformity and adherence to ethical standards.
• Considering the Abolition of the Death Penalty: The 262nd Law Commission of India report on death penalty has recommended the abolition of death penalty for all offences except those related to terrorism. 
• Public Debate on the Death Penalty: Encourage a national conversation on the ethical, social, and legal implications of the death penalty.
• Focus on Rehabilitation: Shift the focus of the criminal justice system towards rehabilitation and restorative justice, rather than punitive measures like the death penalty. 
  • This can include better facilities and programs for convicted criminals to rehabilitate and reintegrate into society.
• Gradual Abolition: Introduce a phased process towards the abolition of the death penalty by first limiting its scope to only the most extreme cases.

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