DEATH PENALTY SHOULD BE ABOLISHED

Abstract 

Death penalty is justified as deterrent to crime and considered as means of delivering justice, but  it is the most controversial forms of punishment worldwide. Moral reasoning highly supports its  abolition. These Kind of capital punishment is violating the fundamental right to life and the  principle of human dignity. As by taking this step, there leaves no room for correction. 

Furthermore, it will e discussed how death penalty is not deterring crimes and how it is affecting  only on the poor marginalized people. Modern justice values rehabilitation over retribution. Death  penalty which is state killing, which contradicts the notion of humanity and justice. For upholding  human rights, ensuring justice, and promoting a more humane and equitable legal system, death  penalty must be abolished.

Introduction 

Death Penalty is a sentence which is against humanity, against any Human Law. It is violating  Human Fundamental Rights. Right to life. Death Penalty is not a restorative justice system and  having this in legal system, it doesn’t profit our legal system or decreasing crime rate. Death Penalty must be abolished as we are living in a civic era. In Bangladesh, capital punishments are  there for several offences e.g. murder, terrorism, rape, treason. It is legal but it is inconsistent with  human rights, constitutional principles and modern justice standards. 

Legal Provisions 

In Bangladesh legal system, in section 302 of the Penal Code, 1860, death penalty is mentioned as  the punishment of murder. Even in Special Powers Act, Anti-terrorism Act, Acid Offense Control  Act- here are mentioned provisions of Death Penalty. 

Constitutional Conflicts with Laws 

• Article 31 & 32 which guarantees the right to life and personal liberty1 
• Article 35(5)- prohibits cruel, inhuman or degrading punishments. Thus, death penalty  contradicts.2
• Basic Structure of the constitution values human dignity and justice which is violated by  state sanctioned killing. 

International Obligations 

Bangladesh is a party to the ICCPR, so according to Article 6, which protects the right to life. In  that sense, Bangladesh is clearly violating the convention, which it ratified. UDHR, Article- 3 also  mentions about right to life and Artcle-5 mentions about freedom from cruel punishment. Despite  ratifying such human rights convention, Bangladesh has been violating the human rights. 

Data of death penalties executed 

From 2001-2019, only two years (2014 and 2018) were without any executions. While there were  11 executions during the period 1991-2000, this number climbed to 57 between 2001-2010 and to  30 from 2011-2019. in November 2011, the number has jumped to 2000 as of June 2021.3 

Capital Punishment in the eye of Modern World 

Modern world has adopted restorative justice system. But we are still on eye for an eye system at  least in death penalty. By giving death penalty, the crimes are not decreasing, it is increasing  significantly also here is a pressure of suits in Courts, so the hearing of every case goes through  turmoil. The justice system of Bangladesh is delayed anyways.  

Internationally, Netherlands has been counted as the best example of restorative Justice system. In  Netherlands, death penalty has been abolished. Article 114 of the Constitution (Dutch: Grondwet)  prohibits sentencing someone to death since 1983. The exact provision in the original Dutch, De  doodstraf kan niet worden opgelegd, translates to “The death penalty cannot be imposed”.[2] This  means that as a result, the death penalty does not exist in the Netherlands. It also means that the  death penalty cannot be added to future or existing law articles. 

Over 140 countries have abolished the death penalty in law or practices. Even south Asian  countries like Nepal, Bhutan, Sri Lanka have move toward the abolition of capital punishment. It  is high time Bangladesh should align with the International Human Rights Standards. 

What Bangladesh can Do? 

In our Country, it should have restorative system, where the offender can get over his punishment  and start a new life with a new purpose, so that he can also be counted a responsible citizen. He  can get life imprisonment but rigorous where he would learn new skills, do sort of works which  can contribute to Bangladesh. The focus now should be shifted to strong law enforcement so that  crime rates start decreasing. Bangladesh has a vast illiteracy rate; education sector must be  developed so that at least the civic sense of people gets better. There is a great number of people  who are marginalized and they don’t even know the consequences of their crimes, laws.  Rehabilitation must be started so that people might get a second chance. The abolition can be  started gradually, with the idea of full elimination of capital punishment. 

Giving death penalty is discriminatory towards the poor, uneducated and marginal as they cannot  afford strong legal aid and representation. Also, in few cases it is seen that there are different  punishments for the same crime. Before this, we need to learn the knowledge why people are  deviating from basic life, and doing criminal activities. It’s because of the economic system of our  Country. Its not because we are lower income country, its because the distribution of our wealth is  not appropriate. We can say in Bangladesh, citizens get involved in crimes basis on Economic  Deprivation Theory Individuals who experience poverty or relative deprivation in disadvantaged communities exhibit increased criminal behavior to deal with perceived social and economic  injustices. There are many other theories on which basis advocacy of criminal activities can be  done. 

Conclusion 

Bangladesh as a part of modern world, should approach Restorative Justice system and death  penalty should be abolished. Death penalty is eventually taking the Right to life, which is our  inherent right as a human being. It is creating a serious Violation of Human Right, which starts  another Crime.

Reference(S):

1 The constitution of the People’s Republic of Bangladesh, Art 31 & 32

2 The constitution of the People’s Republic of Bangladesh, Art 35(5) 

3 Muhammad Mahbubur Rahman Psymhe Wadud ‘The Death Penalty and Death Row Prisoners in Bangladesh’  https://blogs.law.ox.ac.uk/research-and-subject-groups/death-penalty-research-unit/blog/2021/07/death-penalty bangladesh accessed in 29 March 2022