Capital Punishment And Article 21 (Right To Life)
- IJLLR Journal
- 9 hours ago
- 2 min read
Aniket Bhardwaj, LLM, Amity Law School, Amity University Lucknow, Uttar Pradesh
Dr. Ashiwarya Pandey, Ass. Prof. of Amity Law School, Amity University Lucknow, Uttar Pradesh
ABSTRACT
The topic of capital punishment in India, when analyzed in the context of Article 21 of the Constitution, which provides for the right to life and personal liberty, is a highly intricate legal and ethical issue. Although the Indian judiciary has affirmed the constitutionality of the death penalty, it has considerably curtailed its application through the "rarest of rare" doctrine in an effort to balance the needs of justice and the dictates of human rights. This article discusses the changing interpretation of Article 21, specifically its focus on fairness, due process, and human dignity, and how these values are undermined by the irreversibility of capital punishment. It critically analyzes the inconsistencies, arbitrariness, and socio-economic inequalities in the imposition of the death penalty, questioning its compatibility with a rights- based constitutional order. The article also examines global views and India's obligations in international human rights treaties, which are increasingly inclined towards the abolition of capital punishment. Alternatives like life imprisonment, prolonged imprisonment, and restorative justice paradigms are explored as more humane and constitutionally acceptable solutions. Through judicial decisions, legislative trends, and empirical research, the study points out the conflict between the retributive goals of punishment and the right to life. It concludes that the future of capital punishment in India needs to be re-examined in terms of constitutional morality and changing human rights norms.
Keywords: Capital Punishment, Article 21, Right to Life, Indian Constitution, Death Penalty, Human Rights, Rarest of Rare Doctrine, Judicial Review, Criminal Justice, Constitutional Law, Fair Trial, Legal Reform, Socio-Economic Disparities, International Law, Due Process.
