Discuss about the revival of the death penalty and its effects on the growing crime rate of the society.
The crime rate in India has been growing in an alarming way and incidence of violent crime becomes more common now. In case of penalties for rare crime, the topic of death penalty is one of the controversial matters. However, death penalty has been banned in India now. The revival of death penalty has become necessary to satisfy the public conscience, as India is a democratic country and all the decisions should be taken for securing the interest of the public in general. The deterrence value of death penalty is a subject of social science and many countries are thinking about the validity of this penalty. However, the statistical result on this subject could not be extrapolated in this research proposal. There are many processes by which a criminal can be fled from proper punishment for their offence. The application of death penalty affects the human perception and therefore, it can be stated that it has certain psychological effect.
There are certain problems cropped up in this process that leads to certain important questions. One of the main problems in this case is whether the death penalty should be revived or not. Many criticisms have been made regarding this topic that make it controversial. In this research proposal, a specific offence area like murder has been mentioned where death penalties can be given.
The main aim of this research proposal is to reveal the facts regarding revival of death penalties and impacts of the same on the growing crime rate of the society.
Considering the facts of the research topic, certain research objectives have been come into light:
Reasons for abolishment of death penalty:
The process of death penalty has been abolished in India and life imprisonment has been placed in that position. Many legislators who have tried to establish the concept of human rights in these perspectives have introduced certain human related issues. According to (Hood and Hoyle 2015), a report has been commenced for the study on death penalty and contribution of criminal science in this matter. It has been stated by them that the process of death penalty has opposed Article 6(6) of the International Covenant on Civil and Political Rights. The main objective of this covenant was to protect the convicted person from the demonstrative application of death penalties. Certain defenses have been established against the capital punishment. Further, certain human rights related issues have been cropped up in this regard. (Sethi 2015) was of the view that violence creates violence and from this perspective, he criticized the process of death penalty. According to him, the concept of death penalty is meaningless for a country that maintains the Gandhian principle. Further, the concept of death penalty is opposing the fundamental rights to life mentioned under Article 21 of the Constitution of India. However, he has pointed out that a new discussion has been taken place after the serial blast in Mumbai that kills many persons. (Reena George 2017) in her book “Death penalty: A paradox in a democracy” has stated that death penalty contradicts the human rights and many innocent people are getting affected by this rule. The process of death penalty has been violated the democratic governance and it leads to death row. Md. Akbar Khan (2018) has attempted to find out whether the process of death penalty is based on the fair process of law or not. Concentration has been provided on the criminal justice system and impact of the penalty on the Indian society has been pointed out.
Reviving factors of death penalty:
Considering the various factors regarding the abolishment of death penalties, the main objection made against the death penalty is no innocent people should get face death penalty where there is no chance to correct the mistake. However, there are certain other concepts laid down against this concept of abolishment of death penalties. The foremost opinion is that if the principle of right to life is the main fact, then the criminals have no right to kill others for their own purpose. It is important to protect the society from all these criminals and therefore, quick steps are required to be taken in these cases. However, the Indian Justice System is quite dilatory in nature and therefore, it is not possible to give easy justice to the family of the victims. This process instigates the criminals to commit crime. Further, during the trial proceedings, the criminals got bails and therefore, the ultimate objects of justice could not be possibly established. Considering the nature of the offence like murder, either they are committed in intoxicated position or those persons who have personality disorder commit it. However, In India, most of the murder case is committed to promote fear in the mind of the people or out of rage. Mumbai is the epicenter of crime in India and the matter of murder is quite common in that state. Bailey (1998) opines that other felonies could not be deterred by death penalty. According to R.M.B. Senanayake (2015), the process of death penalty could not be deterrent unless combined with certain juridical processes such as speedy trials, goods prosecution level and application of modern method to identify the crimes. Certain researches have been made regarding the penal provisions adopted by many countries and it has been observed that the police system of those countries concentrated on the neighborhood to stop the crime and in case of criminal detection, they have secured certain deterrent punishment to uproot the crime from the society. Therefore, the Indian police are required to take serious steps for the protection of the civilians. According to Novak (2016), the police have to take all the possible steps to reduce the rate of crime and identify the criminal offences at the primary stage. Further, the process of trial should be fast and ethical. The court has to manage all the necessary steps in an effective way. The government should have to implement required policy for that. However, in reality, no such steps have been observed and therefore, government should re-establish death penalty to protect the society. Further, it can be stated that the death penalties are, to certain extent, helps to protect the law enforcement and could stop assault.
Research Methodology:
Research approach:
Research approach is a process of collecting data and it can be divided into three parts such as deductive research approach, inductive research approach and abductive research method. The validity of the existing theories is established through deductive research approach. On the other hand, new theories and generalizations are introduced through inductive research approach. Explanation of the puzzles is provided by the abductive research approach. In this research methodology, the researcher has taken an inductive research approach where certain data have been collected to explore and identify themes to create conceptual framework on the revival of death penalty.
Inductive Research Approach
In case of this approach, the researcher usually collects all the necessary data regarding his research topic. After that, the researcher will analyze and scrutinized the data in his own way and verify all the facts out of it. The next step is to develop a theory to explore those patterns.
Research design
It is a method by which all the research problems could be analyzed. It is of three types such as descriptive, exploratory and explanatory. Research design acts as a framework that helps to solve the research questions. In this research, the researcher has used descriptive research design, as an elaborate discussion has been taken to come into a better conclusion on the topic and it will help to identify all the possible recommendations on the topic. Descriptive research design helps to precede the explanatory research. This process could describe all the collected data and the nature of this research is quite accurate. Further, certain statistical measures could be taken in this regard and the current research topic has certain valid statistical calculations that help to understand the effect of death penalties on justice system and on the growing crime rate of the society. In this research, the provisions of murder have been discussed and importance of re-establishment of death penalties has been discussed. All the related factors regarding the issue have been mentioned systematically. Descriptive method helps to discuss about all the relevant materials.
Data collection
Data collection is one of the most effective methods of data collection. This collection method is of two types such as primary data collection and secondary data collection. Both the data collection process is important; however, in this research the researcher has taken secondary data collection method. In this process, all the relevant data regarding the topic are taken from certain sources like books, journals, magazines and websites. All these sources help to provide high quality database. Further, this data collection method helps to carry out all the research process so as to explain all the necessary changes and requirements regarding the topic. In addition, the degree of validity regarding all the research materials are established in this case and a baseline regarding the primary research could be made. It will help to compare all the collected data and information. The secondary data collection can be divided into two types such as qualitative and quantitative. Qualitative data can be books, journals; magazine and quantitative data is statistics. One of the most strong point in this case is that the process is quite cheap.
Ethical consideration
In case of every research, ethical consideration plays an important role and it reflects the moral behavior of the researcher. According to Bryman and Bell (2015), ethical perspectives should be considered in case of dissertations and it is the duty of the researchers to assure that no harm has been generated to anyone during the data collection process. It is ensured that all the data have been collected in this research are used for personal purpose and not for the commercial purpose. In addition to this, much care has been taken to maintain privacy regarding the confidential data relevant to this research topic. No step has been taken to open the private folders or any file of similar nature. All the communications made in this research have been done with honesty and it is transparent in nature. The data used in this topic are not misleading in nature. The whole research has been done without taking any coercive techniques and highest level of objectivity has been taken to discuss about the research topic.
References:
Bailey, J.C., 1998. Death is different, even on the bayou: The disproportionality of crime and punishment in Louisiana’s capital child rape statute. Wash. & Lee L. Rev., 55, p.1335.
Bryman, A. and Bell, E., 2015. Business research methods. Oxford University Press, USA.
George, R., 2017. Death Penalty: A Paradox in a Democracy. Journal of Public Affairs and Changes, 1(1 Winter).
Hood, R. and Hoyle, C., 2015. The death penalty: A worldwide perspective. OUP Oxford.
Novak, A., 2016. An Excessive and Arbitrary Punishment: The Mandatory Death Penalty and Discretion in the United States of America. In The Global Decline of the Mandatory Death Penalty (pp. 21-42). Routledge.
Sengupta, A. and Sharma, R., 2015. Death Penalty in India. Economic & Political Weekly, 50(40), p.13.
Sethi, S., 2015, November. Indian Society? s Paradigm of Death Sentence: A look at whether India was wrong to execute Yakub Menon. In Proceedings of International Academic Conferences (No. 3105262). International Institute of Social and Economic Sciences.
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