INTRODUCTION
Capital punishment, often viewed as a controversial practice, is considered by some as a cruel form of punishment, while others regard it as a means to achieve just retribution. Each region’s views on capital punishment are shaped by its unique historical, cultural, and legal characteristics. The United Kingdom currently upholds the principles of rehabilitation and human rights, a stance that followed the abolition of the death penalty in the 20th century. On the other hand, the United States continues to be one of the few Western democracies that upholds the death penalty, even though state-by-state variations in its implementation result in fierce debates. India maintains the death penalty, yet its application is sporadic, often in reaction to demands for legal reform and increased adherence to human rights regulations. In recent years, a growing number of Middle Eastern nations have been employing the death penalty as a consequence of strict Sharia laws.
CAPITAL PUNISHMENT IN THE UK
Earlier, up until the 1900s, the UK used to practice capital punishment for offences such as murder, treason, and piracy. It took various reforms throughout the 19th and 20th centuries for the UK to abolish capital punishment entirely. Sir Samuel Romilly is credited with spearheading the movement against capital punishment[1]. Campaigns were crucial in gaining public support against the practice, often highlighting cases with lingering doubts. Arguments against the practice included ethical considerations, such as its incompatibility with a civilised society, and concerns about disproportionate targeting of specific sections of the population. However, it was not until the enactment of the Human Rights Act in 1998 that capital punishment truly was abolished in the UK, the Act sought to integrate the rights outlined in the European Convention on Human Rights into UK law[2].
CAPITAL PUNISHMENT IN INDIA
India still practices capital punishment even though there have been debates about its constitutionality in recent times. Initially, this practice was used as a way to prevent future crimes, and the principle of rarest of rare cases was applied in India but, recent data indicates the granting of capital punishment by the trial courts on various ranges of cases leading to questioning of the employment of the doctrine of rarest of rare cases[3]. Many national and global commission reports have continuously stood against capital punishment and have sought to shift India’s perspective towards it. However, India has refuted the same by applying the concept of mitigating circumstances while deciding on a case. Through this concept, judges are encouraged to look at circumstances that might add to granting a lenient sentence rather than capital punishment[4]. This notion is used to justify the application of capital punishment in the rarest of rare cases. However, it should be noted that Indian courts have consistently passed judgments over time in favour of and against the practice. So, its stance on capital punishment has rather remained inconsistent.
CAPITAL PUNISHMENT IN USA
There is a division of stances on capital punishment in the USA. While some favour this practice, others believe that it has always been prejudiced against racially marginalised communities, and the lack of safeguards to protect innocent people from the death penalty has added to doubts about the same. While some 23 states have abolished this practice, 27 states with the federal government and US military still exercise it. However, it is to be noted that not all states uniformly apply the death penalty. There have been significant differences in the number of executions carried out by some states compared to others, particularly in Texas, Missouri, and Oklahoma[5]. As per the data provided by DPIC, 14 states out of the 27 states that have not officially abolished capital punishment have not executed anyone in past decades; the last execution was done in 1992 in Wyoming[6]. Hence, 70% of states in the USA are opposed to capital punishment, whether it be officially recorded in books or not. Legal challenges are not the only challenge to capital punishment, other challenges like procurement of drugs for execution, and lack of safeguards for preventing innocent people from being executed are factors that have influenced people in the USA to oppose capital punishment[7].
CAPITAL PUNISHMENT IN THE MIDDLE EAST
Capital punishment in the Middle East is very prevalent and can be attributed to the strong presence of religious sentiments. Iraq, Syria, Lebanon, Gaza, Egypt etc, are all countries where capital punishment persists. Nevertheless, there are still some countries in the Middle East that have abolished capital punishment, like Turkey which signed the convention for the protection of human rights and fundamental freedoms and thereby abolished capital punishment[8]. However, recently concerns have arisen regarding the emergence of/reinstating of capital punishment in various countries. Take the situation in Turkey, where some political representatives agreed on a proposal that could likely reinstate capital punishment for some offences[9]. The reinstatement of capital punishment could have significant implications for domestic and international frameworks. Turkey has signed and ratified various conventions that do not support the death penalty. This means that Turkey has abolished the death penalty. If it is reinstated, Turkey would violate the convention, which could result in international consequences. Furthermore, various other countries like Kuwait, Singapore, and Myanmar, which had previously halted executions, have resumed the same[10].
ANALYSIS
The application of capital punishment in different countries is influenced by their unique legal, cultural, and historical circumstances. Until the 20th century death penalty was widely used in the United Kingdom. The Human Rights Act of 1998, which brought UK law into compliance with the European Convention on Human Rights and essentially abolished the death penalty, was the result of campaigns that brought attention to moral issues and the unfair targeting of particular social groups. On the other hand, the United States takes a disjointed approach, with 27 states and the federal government still upholding the death penalty. Its application is uneven with a noticeable concentration of executions occurring in Texas, Oklahoma etc, while significant periods pass in other states with no execution. India still uses the death penalty in the rarest of rare circumstances, although the questions over its legitimacy have persisted due to its uneven application and global pressure. Although a surge in death sentences appears to be the current trend, India has continuously taken mitigating factors into account to reduce the same. In the Middle East, several countries, due to significant religious influences, widely use capital punishment, but countries like Turkey provide hope by following the human rights conventions. Even though new political ideas, hint at a potential return of capital punishment, raising questions about adherence to an international agreement, this only goes on to signify how international human rights law and domestic circumstances have affected the complexity and dynamic nature of capital punishment laws around the world.
CONCLUSION
Though the United States and some regions of the Middle East continue with the practice of capital punishment, the United Kingdom and some other Western countries have generally moved away from it, emphasizing human rights and rehabilitation. On the other hand, Middle Eastern countries frequently claim Islamic laws to defend their use, while in the USA, the practice is tainted by inconsistencies and issues concerning justice and racial bias. The occasional application of the death sentence in India in the face of reform efforts underscores the persistent conflicts between customs and contemporary human rights norms. Ultimately, it is a slow but gradual shift towards more humane judicial systems.
Author(s) Name: Rusham Jain (OP Jindal Global University, Sonipat)
Reference(s):
[1] ‘Capital Punishment in UK’ (StudySmarter UK) <https://www.studysmarter.co.uk/explanations/history/modern-britain/capital-punishment-in-uk/#> accessed 7 July 2024.
[2] Ibid.
[3] Anusha Arif and Team SPRF, ‘Contours of Justice: Human Rights and Constitutionality of Capital Punishment in India – SPRF’ (SPRF, 8 February 2024) <https://sprf.in/constitutionality-of-capital-punishment-in-india/#:~:text=In%20India%2C%20capital%20punishment%20remains> accessed 6 July 2024.
[4] Ibid.
[5] Choi A and Andone D, ‘Executions in the US Are in Decline – but Some Jurisdictions Lead the Rest’ (CNN, 6 October 2023) < https://edition.cnn.com/2023/10/06/us/us-executions-death-penalty-dg/index.html> accessed 7 July 2024
[6] Ibid.
[7] Choi A and Andone D, ‘Executions in the US Are in Decline – but Some Jurisdictions Lead the Rest’ (CNN, 6 October 2023) <https://edition.cnn.com/2023/10/06/us/us-executions-death-penalty-dg/index.html> accessed 7 July 2024.
[8] ‘Death Penalty Cannot Be Reinstated in Turkey’ (International Federation for Human Rights, 13 October 2020) <https://www.fidh.org/en/region/europe-central-asia/turkey/death-penalty-cannot-be-reinstated-in-turkey> accessed 6 July 2024.
[9] Ibid.
[10] ‘Recorded Executions Skyrocket to Highest Figure in Five Years’ (Amnesty International, 16 May 2023) <https://www.amnesty.org/en/latest/news/2023/05/death-penalty-2022-executions-skyrocket/> accessed 6 July 2024.
