It is glad to note that Law commission today (31/08/2015) had recommended in its report the abolition of death penalty except in cases relating to terrorism and waging war against state. Though it is easier said than done in a country such as India the initiative at least sets the ball in motion. The stumbling block in implementing abolition of Capital punishment may be the Political will. Some or many criminal politicians may feel that if Capital punishment is abolished their political rivals may send mercenaries to eliminate them physically and in a poor country like ours where people do not mind facing death penalty to receive money in return, this will create greater risk for the criminalized political class. As there is no more the threat to life, people who are lured with good future for their families may not mind going to jail and spend time in prison and take the risk of committing murders.
That is one side of story. Another interesting side of story is the view that possible criminals take when they think of committing serious crimes. A fear enters their mind that if I commit this kind of crime, though I may be acquitted by law because of lack of evidence which I can manage, the victim may take extreme step of taking law into his own hands and murder me because there is no fear of death penalty for him now. This fear of ordinary people risking easier punishment of imprisonment for a murder acts as a deterrant for the possible criminals. That is how the abolition of death penalty brings a check on the rising levels of crime in society. That is how in my view in many countries, where death penalty is reduced.....interestingly...instead of crime rate increasing...reduced. One side if there is fear that easy risk will motivate people to commit heinous crimes like murder....there is another side of story where the people who think that they can be let off by law will fear those people who may be motivated by this easy risk. And that fear brings a greater check on the crime rate.
It is time government responds positively and Abolish Capital punishments with the exceptions of terrorism and waging war against State as recommended by Law commission to see good impact on crime rate reduction.
