Akshat Hegde, Balpreet Kaur Bhatti & Vedika Dalvi, KES Shri Jayantilal H. Patel Law College
ABSTRACT
Capital punishment in India, reserved for the "rarest of rare" cases, remains a contentious issue despite its declining use and recent increases in death sentences by trial courts. This practice raises significant moral and legal concerns, particularly regarding retribution, justice, rehabilitation, deterrence, and human rights. The Supreme Court emphasizes proportional punishment over retributive justice, while the effectiveness of the death penalty as a deterrent remains debated. India's legal framework includes constitutional provisions, statutory laws, judicial precedents, and international obligations, with recent trends showing a cautious approach towards capital punishment and growing calls for its abolition. Key challenges include arbitrariness and judicial inconsistency, risks of wrongful convictions, and violations of fundamental rights to life and dignity. Despite modern execution methods, the brutality of state-sanctioned killing persists, and systemic racial biases raise further ethical issues. Critics advocate for life imprisonment and rehabilitative justice as more effective and humane alternatives. The ongoing debate highlights the need for continued dialogue and reforms to ensure the criminal justice system respects human dignity, promotes justice, and upholds the rule of law.
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