Capital Punishment: A Constitutional Dilemma In India
- IJLLR Journal
- Mar 11
- 2 min read
Aviral M Sao, Symbiosis Law School, Noida
ABSTRACT
This paper explores the constitutional, ethical, and societal aspects of the death penalty in India, questioning its viability in modern society. While countries like Germany and South Africa have abolished it in favour of restorative justice, nations such as the USA and China retain it due to cultural and political divides. In India, capital punishment is governed by the Bhartiya Nyaya Sanhita and shaped by Bachan Singh v. State of Punjab1 and Machhi Singh v. State of Punjab,2 which established the "rarest of rare" doctrine. However, its subjective nature has led to inconsistencies and debates over fairness. Constitutional safeguards under Articles 21, 72, and 1613 play a crucial role in balancing individual rights with judicial discretion, emphasizing the need for a just and nuanced approach.
The paper further explores the moral and ethical dimensions of capital punishment, focusing on its impact on human dignity, compatibility with international human rights standards, and effectiveness as a deterrent. Empirical evidence from countries practicing the death penalty fails to establish its deterrent effect, challenging its necessity. Ethical debates pivot on whether justice should prioritize retribution or rehabilitation, with critics arguing that the irreversible nature of executions risks wrongful convictions and perpetuates systemic inequalities.
India's death penalty attitude is formed by cases such as the R G Kar murder- rape, Nirbhaya, and 26/11 attack that fuel the calls for justice. The country's religious ethos of non-violence conflicts with the call for revenge, while marginalized populations are confronted with institutional biases. The paper examines international trends with calls for more equitable reforms. Based on the examination of such alternatives as life terms of imprisonment without parole and restorative justice, it urges the re-examination of the death penalty's place and the need for the country to transition toward more humane justice.
