top of page

Rationale Behind Death Penalty In India




Kashish Bhushan, Symbiosis Law School, Pune

ABSTRACT

India is a thriving nation, yet at the same time, crime rates are rising rapidly. Despite the fact that there are several laws in place to prevent and reduce crime, crimes continue to rise at an alarming pace since the penalties are insufficient. Discipline is necessary to slow down the rate of misconduct. The main goal of a discipline is to punish the wrongdoer, to make sure they must suffer the consequences of their actions, and to discourage others from acting wrongly by making them fearful of facing a similar punishment. Capital Punishment is regarded as the most severe discipline among the other ones that are enforced in India. Moreover, it is acknowledged as a genuine kind of discipline. This research article highlights the history of Capital Punishment in the Country, including a detailed account of its origins in Indian history, efforts to abolish it, and questions about why it is still practiced there. It also discusses the President and Governor's discretionary powers of compassion. In my work, I also provide evidence for a few other hypotheses, including one that asks, "Does the rarest of rare cases undermine the legitimacy of Article 21 of the Indian Constitution?" And how does the Indian people benefit from the death penalty? This essay attempts to provide the justifications for why the death penalty should be advocated and applied regularly to severe wrongdoers.

Comments


Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

Submit Manuscript: Click here

Open Access Logo

Licensing:

​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

Disclaimer:

The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

bottom of page