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Abolition is the way

Abolition is the way: On the higher judiciary’s move on the death penalty

The issue is the death penalty itself, not merely the method of execution  
Forty years after holding that the mode of executing prisoners by hanging cannot be termed too cruel or barbaric , the Supreme Court of India has now ventured to find out if there is a more dignified and less painful method to carry-out death sentences . The idea of finding an alternative mode of execution, one considered less painful and involves little cruelty , has been part of the wider debate on whether the death penalty should be abolished . Judicial and administrative thinking have leaned towards backing both the idea of capital punishment and the practice of hanging. The Bench has sought fresh data to substantiate the argument that a more humane means of execution can be found. There are two leading judgments on the issue — Bachan Singh vs State of Punjab (1980), which upheld the death penalty, but limited it to the ‘rarest of rare cases’, and Deena Dayal vs Union of India And Others (1983), which upheld the method by ruling that hanging is “as painless as possible” and “causes no greater pain than any other known method”. The 35th Report of the Law Commission (1967) had noted that while electrocution , use of a gas chamber and lethal injection were considered by some to be less painful, it was not in a position to come to a conclusion . It refrained from recommending any change.
Even though the Supreme Court has not favoured abolition, it has developed a robust and humane jurisprudence that has made it difficult for the executive to carry out death sentences. It has restricted its use to the ‘rarest of rare cases’, mandated a balancing of aggravating and mitigating circumstances before sending someone to the gallows , and allowed a post-appeal review hearing in open court. At the same time, it has evolved a clemency jurisprudence that makes decisions on Mercy petitions justiciable and penalises undue delay in disposing of mercy pleas by commuting death sentences to life. The question now before the Court provides yet another opportunity to humanise its approach further. Empirical evidence suggests that hanging need not result in an early or painful death, while there is a body of proof that shows electrocution and lethal injection have their own forms of cruelty. The Union government contends that hanging should be retained, not only because it is not cruel or inhuman but also because it accounts for the least number of botched-up executions. The real issue, however, is that any form of execution is a fall from humaneness , offends human dignity and perpetrates cruelty. Debating the mode only deepens the moral dilemma of whether the taking of life is the best response to the taking of life. If eliminating cruelty and indignity is the aim, abolition is the answer.   

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Clemency (noun) – mercy, mercifulness, leniency, lenience, mildness

क्षमा, रहम

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Undue
(adjective) – excessive, extreme, immoderate, intemperate,

अनुचित

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Merely
 (adverb) – only, purely, solely, simply, entirely

केवल

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Hearing
(noun) – trial, court case, inquiry, legal proceedings

सुनवाई

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Humane
(adjective) – Caring, Humanitarian, Compassionate, Kindly, Civilized

मानवीय

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Cruel (adjective) – Unkind, Mean, Nasty, Brutal, Pitiless, Malicious, Spiteful

क्रूर

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Gallows
(noun) – a wooden frame used in the past for killing people by hanging

फाँसी का तख़्ता

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Term
(verb) – call, name, entitle, title, designate, describe as

कहना

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Execution
(noun) – the act of killing someone as a legal punishment:

मृत्‍युदंड, फाँसी

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Practice
(noun) – habit, custom, tradition, way, system, routine

प्रथा, कार्य

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Sentence
(noun) – Judgement, ruling; punishment

सज़ा, दंड

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Hold
(verb) – rule, to decide legally

निर्णय करना/मानना

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Evolve
(verb) – develop, advance, grow, mature, progress

विकसित होना

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Result in
(phrasal verb) – cause, bring on, call forth, be the cause of (something) to happen

के परिणामस्वरूप

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Back
(verb) – support, endorse, sanction, approve of

समर्थन करना

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Bench
(noun) –The judge or judges composing a court.

न्यायपीठ

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Petition
(noun) – appeal, request, application,

याचिका

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Dilemma
(noun) – quandary, problem, difficulty, plight

दुविधा

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Consider
(verb) – think, believe, deem, regard as

मानना

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Executive
(noun) – The executive branch of the government, including the president, the cabinet, and several departments, manages the duties of government and its laws.

कार्यपालिका

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Robust
(adjective) – strong, vigorous, sturdy, tough, powerful

मज़बूत

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Abolition
(noun) – cancellation, repeal, annulment, elimination, destruction

उन्मूलन

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Penalty
(noun) – Punishment, fine, sentence, retribution

दंड/ सज़ा

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Barbaric (adjective) – savage, brutal, uncivilized, inhuman

बर्बर/ अशिष्ट

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Venture
(verb) – to do something; undertake, embark, attempt, risk

साहस करना

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Dignified
(adjective) – respectable, proper, venerated, honored

गरिमापूर्ण

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Carry out
(phrasal verb) – perform, execute, implement, conduct, accomplish
अंजाम देना

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Cruelty
(noun) – brutality, ruthlessness, inhumanity, savagery, atrocity

क्रूरता

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Abolish
(verb) – cancel, eliminate, repeal, annul, nullify, remove

समाप्त करना

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Lean
(verb) – incline, tend, favor, support

झुकना

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Capital punishment
(noun) – death penalty, execution, hanging

मृत्यु दंड

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Seek
(verb) – ask for, request, solicit, call on

मांगना

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Substantiate
(verb) – prove, validate, give proof of, support

पुष्टि करना

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Means
(noun) – method, way, approach, measure

तरीका

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Uphold
(verb) – confirm, endorse, sustain, validate, ratify

बरकरार रखना /समर्थन करना

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Electrocution
(noun) – killing of someone by electric shock.

बिजली द्वारा प्राणदण्ड

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Lethal
(adjective) – deadly, fatal, mortal, poisonous

घातक, जानलेवा

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Come to a conclusion
(phrase) – arrive at a decision, reach a verdict

निर्णय पर पहुँचना

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Refrain
(from) (verb) – abstain, withhold, desist, avoid

बचना, परहेज़ करना

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Jurisprudence
(noun) – law, laws, body of law, rules, regulations.

न्यायशास्त्र

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Mandate
(verb) – to order someone to do something

आदेश देना

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Aggravating circumstance (noun) – it refers to the factors that increase the severity or culpability of a criminal act
 

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Mitigating circumstance (noun) – a circumstance that does not exonerate a person but which reduces the penalty associated with the offense

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Mercy
(noun) – leniency, lenience, clemency, compassion, grace, pity

दया, करुणा

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Dispose
(of) (verb) – get rid of, discard, eliminate, remove

निबटाना, निबटारा करना

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Plea
(noun) – appeal, entreaty, petition, supplication, request
दलील/याचिका

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Commute
(verb) – reduce (a judicial sentence, especially a sentence of death) to another less severe one.

कम कर देना (सज़ा, दंड)

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Humanise
(verb) – humanize, soften, make more humane, make more compassionate

मानवीकरण करना

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Contend
(verb) – claim, assert, argue, maintain, allege

तर्क देना, दावा करना

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Account for (phrasal verb) – be responsible for

के लिये उत्तरदयी होना

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Botched-up
(adjective) – poorly executed, mishandled

गलत तरीके से निष्पादित

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Humaneness
(noun) – compassion, kindness, empathy, benevolence

मानवीयता

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Offend
(verb) – insult, affront, upset, displease, distress, hurt

ठेस पहुँचाना

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Dignity
(noun) –respect, honor, integrity, self-worth

गरिमा/मर्यादा

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Perpetrate
(verb) –  commit, carry out, perform, execute, do

(अपराध) अंजाम देना

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Deepen
(verb) – intensify, heighten, strengthen, increase, enhance

गहरा करना

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Eliminate
(verb) –remove, eradicate, wipe out, annihilate, delete

हटाना/समाप्त करना

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Indignity
(noun) – humiliation, disrespect, shame, dishonor

अपमान

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Execute
(verb) – Put to death, kill, hang, behead, guillotine,

प्राणदंड देना

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Empirical
(adjective) – based on, concerned with, or verifiable by observation or experience rather than theory or pure logic.

प्रयोगसिद्ध