A Jurisprudential View On Death Penalty In Indian Context
Bhala Vignesh. L, B.A. LLB, Alliance School of Law, Bangalore, India
Science is the answer to question of process of this world, whereas religion is the answer to every fundamental functioning of this order of the nature. Life given by God be taken by him and him only is an accepted philosophical thought in every religion. This also coincides with the social contract theory of Thomas Hobbes, where it is understood that every individual of the state gives up his fundamental power to rule upon others to reach his desired goal of life. When these powers are given up, there are twoperspectives to it. One, the state gives us protection and liberty to life with no interference of others in it. Two, the state punishes individuals for them infringing others liberty. When there is a discussion on the topic of death penalty there is a state of argument on to the acceptance and denial of death penalty, this paper does not get onto the debate of acceptance and denial but rather discuss about the jurisprudential view of death penalty in the Indian society. This article/paper by discussing and analyzing multiple views of death penalty by many scholars through time and by discussing multiple process proposed by scholars of science to reduce crime rates and to discuss its application to a population size as large as India.