Creative Industries as Growth Engines & Evolution of Death Sentences in India

1. Economic strength is no longer measured only in factories and freight corridors, but in intellectual property, digital platforms, and cultural influence. Discuss.

IN NEWS: Creative Industries as Growth Engines – Media, Entertainment, AVGC, Gaming and the Orange Economy

Traditionally, economic strength was associated with industrial production, infrastructure expansion, and manufacturing capacity. However, in the twenty-first century, ideas now travel faster than goods, and cultural narratives influence global markets and partnerships. Consequently, the creative economy has emerged as a major pillar of economic growth and strategic influence.

Shift from Industrial Economy to Creative and Knowledge Economy

1. Rise of Intellectual Property as Economic Capital

• Creative sectors convert imagination into scalable IP that generates recurring revenue streams.
• Industries like animation, gaming, and digital media operate across borders with minimal physical constraints.
• Example: India’s Animation and VFX industry demonstrates how creative skills transform into global digital exports.

2. Digital Platforms as Economic Infrastructure

• Digital media now contributes nearly one-third of India’s media and entertainment revenues.
• Online gaming and streaming platforms create new markets without heavy physical infrastructure.
• Digital Platforms enhance global reach, reduces geographical barriers and enables participation of smaller creators in international markets.

3. Cultural Influence as Strategic Soft Power

• Cultural industries shape global perceptions, tourism flows, and diplomatic partnerships.
• Live entertainment and creative content generate economic spillovers in urban services and tourism.
• Example: Global touring concerts and large cultural events energize local economies.

Creative Economy as a Growth Engine

1. AVGC-XR Ecosystem: Convergence of Technology and Creativity

• Animation, Visual Effects, Gaming, Comics, and Extended Reality (AVGC-XR) represent the frontier of digital creativity.
• It combines coding, design, and storytelling with advanced computing.
• It supports global film production, advertising, and immersive media.

2. Gaming:

• One of the fastest growing digital industries.
• Driven by mobile adoption and digital-native youth.

3. Institutional and Policy Support

• National roadmap for AVGC-XR.
• Indian Institute of Creative Technologies (IICT) as a Centre of Excellence.
• Creator labs in schools and colleges to build future talent pipelines.
• Platforms like WAVES, WaveX, and WAVES Bazaar for market access and global collaboration.

4. Live Entertainment and Experiential Economy

• Live cultural experiences demonstrate how cultural activity translates into economic value:
• Stimulates tourism, hospitality, logistics, and urban economies.
• Creates large employment ecosystems.
• Enhances cultural branding and global presence.

5. The Orange Economy: Culture as Economic Strategy

• The Orange Economy recognises culture and creativity as economic assets.
• It combines cultural diversity with digital platforms, expands global cultural reach while generating employment.

Challenges

• Need for strong IP protection frameworks.
• Skilling gaps in advanced creative technologies.
• Monetisation and regulatory issues in digital platforms.
• Competition from global creative hubs.

India’s expanding creative economy driven by AVGC-XR sectors, digital media, and cultural industries illustrates how imagination and innovation can become engines of growth, employment, and global influence. Sustained investment in skills, institutions, and platforms will be crucial to converting creative potential into long-term strategic economic power.

Source: https://www.pib.gov.in/PressReleasePage.aspx?PRID=2228572&reg=3&lang=1

2. “The declining confirmation rate of death sentences despite higher acquittals reflects evolving judicial standards and constitutional morality.” Discuss in the context of India’s criminal justice system.

IN NEWS: Death sentences in India: fewer confirmations, higher acquittals

Capital punishment in India remains constitutionally valid but highly restricted under the “rarest of rare” doctrine evolved through judicial interpretation of Article 21. Recent trends showing declining confirmation rates and rising acquittals indicate a transformation in judicial reasoning, reflecting deeper engagement with constitutional morality, human rights standards, and due process safeguards.

Emerging Trends in Death Sentencing

• As of December 31, 2025, 574 prisoners (550 men and 24 women) were on death row – a 43.5% rise since 2016.
• Around 45% involve murder, while 37% involve murder with sexual offences.
• Over the past decade:
  • Sessions Courts imposed 1,310 death sentences.
  • High Courts confirmed only 70 (8.31%).
  • The Supreme Court confirmed none among 37 cases decided.
• High Courts acquitted 34.65% of cases; the Supreme Court acquitted 10 death-row prisoners in 2025 alone.
• These figures indicate growing appellate reluctance to uphold capital punishment.

Evolution of Judicial Standards: Landmark Case Laws

1. Bachan Singh v. State of Punjab (1980)

The Constitution Bench upheld the validity of the death penalty and introduced the “rarest of rare” doctrine, requiring life imprisonment as the norm and death penalty as the exception.

2. Machhi Singh v. State of Punjab (1983)

Elaborated guidelines to determine “rarest of rare” and considered factors such as manner of commission, motive, and societal impact.

3. Santosh Kumar Bariyar v. State of Maharashtra (2009)

Highlighted inconsistencies and arbitrariness in death sentencing and stressed individualized sentencing and consideration of mitigating factors.

4. Subsequent Jurisprudence

Courts emphasised procedural fairness, mental health considerations, delay in mercy petitions, and socio-economic factors. This increased reliance on reformative justice and human dignity.

Constitutional Morality and Judicial shift:

1. Strengthened Protection under Article 21

Courts increasingly interpret the right to life with expanded due process requirements. Death penalty was viewed through the lens of dignity, fairness, and proportionality.

2. Recognition of Systemic Fallibility

Higher acquittal rates reveal issues in investigation, evidence evaluation, and trial-level reasoning. However, appellate courts act as safeguards against wrongful convictions.

3. Shift towards Reformative Justice

Greater emphasis on rehabilitation potential rather than purely retributive punishment.

4. Global Human Rights Influence

International trends toward abolition indirectly shape judicial sensitivity.

Implications for the Criminal Justice System:

Positive Developments

• Reduction in arbitrary sentencing.
• Enhanced scrutiny promotes fairness.
• Strengthening constitutional culture and judicial accountability.

Structural Concerns

• Sessions Courts continue awarding large numbers of death sentences, indicating inconsistency.
• Poor investigation quality and inadequate legal aid.
• Lack of uniform sentencing framework.

Way Forward

• Develop structured sentencing guidelines.
• Improve forensic and investigative standards.
• Strengthen defence representation and legal aid.
• Enhance judicial training to ensure consistency.

The declining confirmation of death sentences reflects a judiciary increasingly guided by constitutional morality, human dignity, and procedural safeguards. While this evolution strengthens the legitimacy of India’s criminal justice system, it simultaneously exposes systemic weaknesses that must be addressed to ensure fairness, consistency, and justice.

SOURCE: Data Point, The Hindu