EXECUTION OF CAPITAL PUNISHMENT IN INDIA : IS IT A VIOLATION OF HUMAN RIGHTSJournal: International Journal of Advanced Research (Vol.7, No. 12)
Publication Date: 2019-12-17
Authors : Shivani;
Page : 254-260
Keywords : Death Penalty Capital Punishment Rigorous Imprisonment Heinous crimes Rarest of the rare cases;
The Death penalty is one of the most controversial topics of the Indian judiciary. It exists from the ancient periods and still prevailing in some major countries, India is one of them. In India, death punishment is given only in Rarest of the rare cases but what is the exact meaning of the phrase ?Rarest of the rare cases? has caused much controversy. The ultimate aim to give punishment anywhere is to reduce the crime and to impose some penalty on the offender. The Death sentence is the killing of an offender in the name of justice. India follows the same phenomenon but as per the Indian constitution, it is the violation of the provisions of right to life and dignity provided in Art. 21, still it is constitutionally valid. This paper provides an overview of capital punishment in India. It also explains the history and various reports of Law commission on the death penalty. The paper also says about the Doctrine of rarest of rare case deal with various cases and modes of execution of the death punishment so to find out the object of the study. The study observed that all the Judgements pronounced in heinous offences while keeping in mind the public at large which eventually settle that the awarding capital punishment on rarest of the rare case is just and fair. The study also marks that it is against the human rights principles, so the legislation should implement capital punishment in that way other than the death penalty. For example, rigorous imprisonment for life will be more effective.
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