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ADITYA HRIDAY UPADHYAY· 2023

Question Q.3Throw light onGS2GS2

Human dignity, stemming from right to life, does not end with death penalty. In this context, throw light on various controversies surrounding capital punishment in the country. (10 marks, 150 words)

Open scan (p.7)

Introduction

Capital Punishment is punishment of death sanctioned by law and hence not violative of Art 21 in the constitution.

19 words

Main Body

Human Dignity not end with death:

1Treating convict with dignity and providing proper basic facilities - food, water.
2Allowing meeting with family members before punishment.
3Timebound and not unnecessary delay causing mental trauma.
4Support to dependent family members after death.

Controversies surrounding death Penalty:

1Driven by Public Consciousness rather than objective criteria. Eg: Delhi Case, Afzal Guru case.
2Wide interpretation of "Rarest of Rare" in Bachan Singh case.
3NLU Delhi Project 39A argues it is against Rehabilitative aspect but retributive aspect focused.
4Unnecessary delay in sanction due to red tapeism/bureaucratic issue causing mental trauma.
5A study argues method utilised causes excessive pain - inimical to human dignity.

Way Ahead:

Well defined Criteria
Extreme cases: Capital Punishment mandatory Eg: Terrorism
Prevent Media Trial
Simplification of Procedure
138 words2 paragraphs

Conclusion

Death Punishment is harsh and needs a clear, strict procedure in order to satisfy its intended objective.

17 words

  • Constitutional grounding
  • Relevant case references
  • Good judicial precedent reference
  • Well-structured way ahead

Topper

ADITYA HRIDAY UPADHYAY

2023

Subject & Paper

GS2GS2

Topic

Significant Provisions of the Indian Constitution

Right to Life and Capital Punishment

Human Dignity and Death Penalty

Writing Stats

174

Total words

2

Paragraphs