Capital Punishment And Its Legal Justification

Preetika Singh, Amity University (Lucknow Campus)

Dr. Sukriti Yadav, Amity University (Lucknow Campus)

ABSTRACT

The ultimate form of governmental retribution, the death penalty, has long been the subject of discussions about its moral, ethical, and legal grounds. This research paper takes a close look at the legal frameworks, historical background, moral issues, and current discussions surrounding the death penalty. This article explores the intricacies of the death sentence, looking at its legal justifications, ethical conundrums, empirical data, and the changing global scene. It does this by drawing on a wide variety of scholarly literature and legal precedents.

We have been hearing about the death penalty since ancient times; if someone commits a serious crime, they will be executed. The death penalty has the power to stop these kinds of atrocities. The death penalty is often regarded as the worst form of punishment globally. Although it has a long history in India, there is now much debate around its potential abolition.

The Indian Constitution went into effect in 1950, but because India was ruled by the British, the death sentence was widely applied there before to that.

Taking all of this into consideration, the Indian constitution later amended the penalty for various offences, considering the severity of the offence. Previously, the death penalty was stipulated as a five-year sentence for significant offences. However, this is no longer the case; instead, people now believe that the death penalty is a crime against humanity and society at large. Since God has given us life and no one else has the right to take it away from us, the death penalty should be officially recognised as a violation of these fundamental rights. The government should also take action to remove the death penalty's negative effects from the law.

The process of imposing the death penalty takes longer than expected, and while this is happening, the inmates suffer psychologically. As a result, they begin pleading for the death penalty—a condition that no one should have to go through. India's constitution, under Article 21, gives its people the right to life and personal liberty, which cannot be taken away from them. More impoverished individuals are therefore at a higher danger of being punished by the death penalty. The majority of the impoverished cannot afford a quality attorney for their defence.

Keywords: Capital punishment, death penalty, legal justification, ethics, legal frameworks, deterrence, constitutional law, international law.