Capital punishment has been a contentious issue globally, with countries taking divergent stances on its application and legality. In Pakistan, the constitutional validity of the death penalty has been a subject of extensive legal, moral, and ethical debate, the legal framework for capital punishment in Pakistan is rooted in various statutes and the Constitution of Pakistan. The Pakistan Penal Code (PPC), 1860, outlines several offenses that are punishable by death, including murder (Section 302), blasphemy (Section 295-C), and certain acts of terrorism under the Anti-Terrorism Act, 1997. Additionally, the Control of Narcotic Substances Act, 1997, also prescribes the death penalty for specific drug-related offenses.
Constitutional Provision
The Constitution of Pakistan, enacted in 1973, provides several safeguards to ensure justice and protect fundamental rights. The relevant provisions include:
1. Article 9: Guarantees the right to life and liberty, stating that no person shall be deprived of life or liberty saves in accordance with the law.
2. Article 10-A: Ensures the right to a fair trial and due process.
3. Article 14: Protects the dignity of man and, subject to law, the privacy of home.
The Supreme Court of Pakistan has played a crucial role in interpreting the constitutional validity of the death penalty. In various rulings, the court has upheld the constitutionality of capital punishment, provided it is applied following due process and fair trial standards. The court has emphasized that the death penalty, as provided under the law, does not inherently violate the right to life as guaranteed by Article 9 of the Constitution, so long as it adheres to the due process of law.
In the landmark case of Federation of Pakistan v. Abdul Basit, the Supreme Court underscored that capital punishment must be administered in a manner that respects the legal procedures and ensures that the convict’s fundamental rights are not infringed upon. The judiciary has also called for stringent safeguards to avoid wrongful convictions and miscarriages of justice, despite constitutional and legal provisions, human rights organizations have raised concerns about the implementation of the death penalty in Pakistan. Issues such as wrongful convictions, lack of fair trial, and execution of juvenile offenders have been highlighted. These concerns are exacerbated by Pakistan’s complex legal and socio-political environment, which sometimes leads to inconsistencies in the application of justice, Internationally, Pakistan faces pressure to abolish the death penalty or impose a moratorium. Organizations like Amnesty International and Human Rights Watch have consistently called for Pakistan to align with the global trend towards the abolition of capital punishment. However, Pakistan maintains that the death penalty is a necessary deterrent against serious crimes and is in line with its legal and cultural context, the constitutional validity of capital punishment in Pakistan remains upheld by the judiciary, provided it is exercised within the legal framework and with due process. While the death penalty is legally sanctioned, the debate over its ethical implications and human rights concerns continues. Balancing the demands of justice, deterrence, and human rights remains a challenge for Pakistan’s legal and constitutional system.
