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Death Penalty and Human Right

An eye for an eye will make the whole world is blind - Mahatma Gandhi

Now recent day This debate has been going in the society that whether Death penalty should be abolished or not ? Whether the provision of death penalty is fulfilling their objective, goal or not
I am fully favour in the decriminalisation of the death penalty even though in rarest of rare cases.
I will give my reason within few reason on valid justification.

(1) My First argument against the Death penalty is that the concept of Death penalty is against the Article 21 of the Indian constitution which clearly says that:
Article 21 :- No person shall be deprived of his personal life and liberty excepted by procedure established by law In the defence Supporter of Death penalty argue that The concept of right to life and liberty is not absolute Government have the power to take the life of any person because of the provision of except by procedure established by the law but In Maneka Gandhi v. Union of India Case Supreme Court The procedure established by the law must be reasonable and the provision of death penalty is directly contrary to the Article 21

(2) my second argument against the constitution is that not only the Indian constitution but also it violates the right of human Right , Article 1 of the Universal declaration of human Right 1948
And In the world 149 member of United nation organisation has abolished the death penalty It is abolished in most of the democratic country

(3) My third argument is that Awarding a punishment on the basic of rarest and rare is very arbitrary and violates the principle of natural justice and What is Rarest of rare it has not been given in any Substantive or procedural law and and what is the procedure of determining the rarest if rare it has not been given in anywhere . It is depend on the judges and Judges are not God they commit a mistake

(4) my last argument is that In the Bachan Singh v. Union of India Supreme Court held that Capital punishment may be given only in the rarest of rare cases and what does it means whether the habitual offender and offender of rarest and rare can not be reform .and In the recently Former justice of Supreme Court Justice Kurian Joseph said that the procedure of given a death penalty is not right it is arbitrary and against the humanitarian law

In the Conclusion I would likely to says that Death penalty is not a solution of any crime if it is solution than why the cases of rarest of rare are increasing inspite of decreasing and it is banned in mostly of the nation so it should be prohibited.

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