AN IN DEPTH STUDY OF THE JUSTNESS AND FAIRNESS OF CAPITAL PUNISHMENT IN INDIA

AUTHOR – SULEKHA WATHARKAR, STUDENT AT MIT –WORLD PEACE UNIVERSITY, PUNE

BEST CITATION – SULEKHA WATHARKAR, AN IN DEPTH STUDY OF THE JUSTNESS AND FAIRNESS OF CAPITAL PUNISHMENT IN INDIA, ILE WEEKLY REVIEW (ILE WR), 1 (8) OF 2023, PG. 12-27, APIS – 3920 – 0037 | ISBN – 978-81-964391-3-2.

ABSTRACT

The use of the death penalty has been a controversial topic globally, with various countries holding differing opinions on its use. While some countries have abolished the death penalty, others still use it as a form of punishment for certain crimes. In India, the death penalty is provided as a punishment for certain crimes under the Penal Code. However, it is not a mandatory punishment and is only used in rarest of rare cases where the circumstances of the case are such that the death penalty is necessary to restore the collective conscience of society. The Supreme Court of India has upheld the constitutionality of the death penalty in India, but it has also laid down guidelines for the application of the rarest of rare doctrine to ensure that the death penalty is not awarded arbitrarily.

The modern democracies move towards a more rehabilitative and restorative approach to justice, calls for the abolition of the death penalty have grown louder. Many argue that the death penalty does not address the root causes of crime and fails to provide any meaningful rehabilitation to offenders. Instead, the focus should be on reforming and rehabilitating offenders and ensuring that they do not re-offend. The study aims to find the justness and fareness of the capital punishment and the reliability in rarest of rare case and its application by our judiciary system. The study marks that though the judiciary has the discretionary power to award capital punishment but by following the public demand so that one may live safely without fear.

Key Words: ‘Rarest of rare case’ Death penalty, Abolish, Constitutionality