Abolition Of Capital Punishment: A Critical Study Analysing Human Rights Concerns
- IJLLR Journal
- 7 days ago
- 2 min read
Dheekshanya R, School of Law, Christ (Deemed to be University), Bangalore
ABSTRACT
The death penalty, or capital punishment, has been one of the most debated subjects in legal and moral discourse worldwide. Rooted in retributive justice, it has historically been justified as a deterrent to heinous crimes and as a means of delivering ultimate punishment for grave wrongdoing. However, with the rise of human rights jurisprudence and the consolidation of international legal norms following the adoption of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, serious concerns have emerged regarding its compatibility with the principles of dignity, equality, proportionality, and justice.
This paper critically examines the abolition of capital punishment by analyzing its human-rights implications, international legal developments, constitutional and judicial perspectives, and the enduring debate between deterrence and reformative justice. It further considers the moral authority of the state in imposing irreversible punishment and questions whether the objectives of criminal law deterrence, retribution, incapacitation, and rehabilitation can legitimately justify the deliberate deprivation of life. The paper also evaluates empirical evidence concerning arbitrariness, wrongful convictions, socio-economic and racial disparities, and procedural deficiencies, all of which undermine claims of fairness and consistency in its enforcement.
By situating abolition within the broader framework of evolving standards of decency and comparative constitutional practice, the study highlights the growing global consensus favoring the restriction or elimination of capital punishment. It argues that the irreversible nature of the penalty, its disproportionate and often discriminatory application, and its tension with the modern understanding of the right to life render it incompatible with contemporary human-rights values. Accordingly, the paper contends that abolition is not merely a policy preference but a necessary step toward strengthening the rule of law and advancing a humane, equitable, and rights- respecting system of criminal justice.
Keywords: Capital Punishment, Death Penalty, Abolition, Retributive, Deterrence, Human Rights
