Constitutional Validity Of Capital Punishment

Priti Jainath Gupta, LLB, Shree L.R. Tiwari College of Law

ABSTRACT

Capital punishment or death penalty has always been a contentious topic, both in India and in several developed countries. In India, punishment serves dual purposes: to make the offender suffer for the harm caused to the victim and to deter others from committing similar wrongs. This paper delves into the death sentence, also known as capital punishment, which is rarely imposed by Indian courts. Additionally, it explores the constitutional validity of capital punishment within the Indian judiciary.

Understanding the current state of the death penalty in India requires an examination of its history and the specific acts to which it applies. This paper will discuss the evolution of capital punishment in India and landmark cases decided by Indian courts. It is also essential to consider differing ideologies on capital punishment from other countries to gain clarity on a broader scale.

Capital punishment has long been a subject of debate globally, raising fundamental questions about justice, morality, and human rights. In India, where the Constitution guarantees fundamental rights and principles of justice, the constitutionality of capital punishment remains contentious. Project 39A, a research and advocacy initiative based at the National Law University, Delhi, has extensively studied various aspects of the criminal justice system, including capital punishment. This research article aims to contribute to the discourse surrounding the constitutional validity of capital punishment by synthesizing insights from the Project 39A report.

The Indian Constitution guarantees the right to life as a fundamental right under Article 21 but provides for limited exceptions, including the imposition of the death penalty in certain circumstances. However, the interpretation and application of this exception, particularly the "rarest of rare" doctrine established by the Supreme Court, have faced scrutiny. The Project 39A report offers valuable insights into the operation and impact of capital punishment in India, highlighting disparities in sentencing patterns, systemic flaws in the administration of justice, and the human rights implications of the death penalty.

Through a comprehensive analysis of legal challenges, judicial decisions, and empirical research, this article underscores the need for a nuanced and rights-based approach to capital punishment in India. The findings and suggestions of the Project 39A report serve as a critical resource for informing policy decisions, legal reforms, and efforts aimed at promoting justice, fairness, and human rights within the Indian criminal justice system.

Keywords: Death Penalty, Constitutional Validity, Capital Punishment, Project 39A, Rarest of rare doctrine, Deterrent power.