Aaratrika Das, KIIT School of Law, Prasanti Vihar, Patia, Bhubaneswar, Odisha
ABSTRACT
Capital Punishment which is the ultimate form of punishment has been a topic of debate globally from its ethical, moral, and legal perspective. This paper offers a critical analysis of capital punishment by examining whether it fits within the framework of human rights and also understands its implications on the fundamental rights and dignity of individuals. By having a multi-faceted approach, the analysis of this paper looks into the basics of punishment which includes its theories and various types of it. Furthermore, the paper will give a brief insight of the history and development of capital punishment both internationally and in India, and various methods of execution that are practiced worldwide. It scrutinizes the lines of various conventions and declarations of human rights to understand the adverse effects of capital punishment. The researcher also puts forward various arguments that goes in favor of capital punishment including deterrence, rehabilitation and its application in rarest of rare cases. Through the critical lens, we seek to determine whether the death penalty should be abolished or not, and if not, and if not how much its application should be restricted.
Keywords: Capital Punishment, Human Rights, Rarest of rare, punishment.
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